GIFT   OF 
MICHAEL  REESE 


.. 


1 


"ETyrarit  tn/  J.S.fcrrc  rf  /rrm  a  fiusc  fy  f'r. 


' 


THE 


LIFE 


OF 


JOHN      JAY: 


SELECTIONS  FROM  HIS  CORRESPONDENCE 

AND 

MISCELLANEOUS    PAPERS. 


BY    IHS    SON, 

WILLIAM      JAY, 


IN   TWO  VOLUMES. 

VOL.  I. 


OF  THE 

UNIVERSITY 

OF 


NEW-YORK : 

PRINTED  AND  PUBLISHED  BY  J,  &  J.  HARPER, 

NO.   82  CL1FF-STKEET. 

1833. 


[Entered,  according  to  Act  of  Congress,  in  the  year  1833,  by  William  Jay, 
in  the  Oilice  of  the  Clerk  of  the  Southern  District  of  New- York.] 


PREFACE. 


THE  generation  by  whom  the  independence  of 
these  United  States  was  established  and  secured, 
is  rapidly  passing  away ;  and  before  long,  we  shall 
seek  in  vain  for  a  patriot  of  the  Revolution  to 
receive  our  homage,  or  to  answer  our  inquiries 
respecting  the  important  events  in  which  he  par 
ticipated. 

It  would  be  doing  injustice  to  the  American 
people  to  suppose,  that  they  do  not  take  an  inter 
est  in  knowing  the  characters  and  actions  of  those 
to  whom  they  are  indebted  for  the  liberty  and 
prosperity  they  enjoy.  The  lives  and  writings  of 
several  of  these  distinguished  men  have  already 
been  published,  and  it  is  to  be  wished  that  more 
may  follow. 

In  the  ensuing  pages,  an  attempt  is  made  to 
delineate  the  character  of  one,  who  was  not  the 

• 

least  among  those  who  devoted  themselves  to  the 
service  of  their  country,  and  acquired  a  title  to  its 
gratitude. 


O  0*7   14 

*  "*•  * 


IV  PREFACE. 

The  relationship  of  the  author  to  the  person  he 
describes  may  have  influenced  his  opinions,  but  he 
has  stated  facts  truly,  and  from  them  the  reader 
will  form  his  own  conclusions. 

The  biography  of  public  men  cannot  be  well 
understood  without  a  knowledge  of  the  public 
affairs  in  which  they  were  concerned ;  and  hence 
it  has  sometimes  been  found  necessary  to  en 
croach  on  the  province  of  history.  This,  however, 
has  been  done  no  further  than  the  subject  re 
quired  ;  and  pains  have  been  taken,  by  means  of 
anecdotes  and  private  letters,  to  introduce  the 
reader  to  a  familiar  acquaintance  with  Mr.  Jay, 
throughout  the  whole  course  of  his  political 
career.  The  information  thus  afforded  will,  it  is 
hoped,  compensate  for  the  interruptions  of  the 
narrative  which  it  necessarily  occasions. 

Many  of  the  papers  and  letters  appended  to  the 
Life  are  important,  and  all,  it  is  believed,  will  be 
found  interesting,  as  throwing  light  either  upon 
individual  character,  or  upon  the  circumstances  of 
the  times  to  which  they  relate. 

Bedford,  April,  1833. 


CONTENTS   OF  VOL.  I. 


CHAPTER  I. 

Ancestors  of  John  Jay — His  Birth  and  Education — College  Anecdotes    p.  1 

CHAPTER  II. 

1764-76. 

Mr.  Jay  studies  Law  with  Benjamin  Kissam — Admitted  to  the  Bar — Com 
mences  Practice  with  Robert  R.  Livingston — His  Marriage — Member  of 
New- York  Committee  of  Correspondence — Committee  propose  a  General 
Congress — He  is  elected  a  Delegate  to  Congress — Writes  Address  to 
People  of  Great  Britain — Elected  to  New- York  Provincial  Congress — 
Appointed  "Delegate  to  the  second  General  Congress — Member  of  New- 
York  Committees  of  Observation  and  Association — Writes  Address  to 
People  of  Canada — Supports  a  second  Petition  to  the  King — Writes 
Address  to  People  of  Ireland— Appointed  Colonel  in  New- York  Militia 
— Anecdote  of  first  Communication  to  Congress  of  the  Intentions  of  the 
French  Court — Is  elected  a  Member  of  New-York  Convention — Recalled 
from  Congress  to  assist  in  the  Convention — Power  and  Proceedings  of 
Committee  for  detecting  Conspiracies — Writes  Address  from  Convention 
^  the  People  of  New-York — Secret  Correspondence  with  Mr.  Deane  16 

CHAPTER  III. 

1777-9. 

Mr.  Jay  reports  Draught  of  a  Constitution  for  the  State  —  Constitution 
adopted — He  is  appointed  Chief  Justice,  and  Member  of  the  Council  of 
Safety — Writes  Letter  to  People  of  Tryon  County — His  Correspondence 
with  General  Schuyler — Extracts  from  his  first  Charge  to  Grand  Jury — • 
Consultation  with  General  Washington  about  Invasion  of  Canada — Ex 
tracts  from  private  Correspondence — Is  appointed  Delegate  to  Congress 
— Chosen  President  of  Congress — Resigns  Office  of  Chief  Justice — At 


Vi  CONTENTS. 

request  of  Congress,  writes  Letter  to  the  States  on  the  Public  Finances 
—His  Conduct  relative  to  Vermont— Appointed  Minister  Plenipotentiary 
to  Spain 

CHAPTER  IV. 
Extracts  from  Mr.  Jay's  History  of  his  Spanish  Mission  •    95 

CHAPTER  V. 

1779-81. 

Mr.  Jay  sails  for  France  in  an  American  Frigate — Shipwreck  of  the  Frigate 
— She  reaches  Martinico — Mr.  Jay  re-embarks  in  a  French  Frigate — 
Lands  at  Cadiz — Proceeds  to  Madrid — Embarrassed  by  Bills  drawn  on 
him  by  Congress — Negotiates  with  Spanish  Government — His  Opinion 
of  New- York  Confiscation  Act — Correspondence  with  Mr.  Deane — In 
structed  to  surrender  the  Navigation  of  the  Mississippi — Appointed  Com 
missioner  to  negotiate  Peace — Disapproves  of  the  Instructions  accom 
panying  his  Commission — History  of  those  Instructions — Duplicity  of 
Spanish  Court — Bills  on  Mr.  Jay  protested — He  goes  to  Paris — His  In 
dignation  at  the  Conduct  of  Mr.  Deane  -  101 

CHAPTER  VI. 

1782-4. 

The  French  Court  endeavours  to  prepare  Congress  for  the  Abandonment  of 
their  Claims — Mr.  Jay  arrives  in  Paris — The  Spanish  Ambassador  wishes 

,  to  negotiate  with  him — The  Claims  of  Spain  countenanced  by  France — 
Mr.  Jay  refuses  to  treat  with  Count  Aranda  without  first  seeing  his 
Powers — Anecdotes  of  Count  Aranda — Mr.  Oswald,  the  British  Comtnis- 
sioner,  arrives — Mr.  Jay  refuses  to  treat  with  him  till  American  Inde 
pendence  is  acknowledged — Draughts  a  new  Commission  for  Mr.  Oswald 
— French  Intrigues  to  defeat  the  Claims  of  the  United  States — Mr.  Jay 
sends  a  secret  Agent  to  the  British  Ministry — Independence  acknowledged 
— Mr.  Jay  draughts  Preliminary  Articles — Extracts  from  his  Diary — Mr. 
Adams  arrives — Dr.  Franklin's  Conduct  and  Views  explained — Anecdotes 
of  French  Intrigue — Extracts  from  Mr.  Jay's  Correspondence — Signs 
Treaty  of  Peace — Visits  England — Returns  to  France — Embarks  for 
America  ----- 133 

CHAPTER  VII. 

IV 84-8. 

Mr.  Jay  lands  in  New-York — Presented  with  the  Freedom  of  the  City — 
•    Appointed  Delegate  to  Congress — Accepts  the  Office  of  Secretary  for 


CONTENTS.  Vll 

Foreign  Affairs — Notice  of  the  first  Voyage  made  by  an  American  Vessel 
to  China — He  declines  being  a  Candidate  for  Governor — Spanish  Nego 
tiation  resumed  in  New- York — He  proposes  to  Congress  a  Naval  Estab 
lishment — His  Controversy  with  Littlepage — Elected  President  of  Manu 
mission  Society — His  Sentiments  and  Conduct  respecting  Slavery — 
Difficulties  attending  the  Spanish  Negotiation — Mr.  Jay's  Report  on  the 
Infractions  of  the  Treaty  of  Peace — His  Sentiments  on  the  Insufficiency 
of  the  Confederation — Letters  on  the  Subject — Attends  Gejieral  Conven 
tion  of  the  Episcopal  Church — Measures  leading  to  the  Formation  of  the 
present  Federal  Government — Mr.  Jay  engages  in  writing  the  Federalist 
— Wounded  in  endeavouring  to  suppress  a  Mob — Writes  an  Address  in 
behalf  of  the  new  Constitution — Elected  to  the  New- York  Convention — 
Proceedings  of  the  Convention 183 

CHAPTER  VIII. 

1789-94. 

Federal  Government  organized — Mr.  Jay  appointed  Chief  Justice — Officiates 
as  Secretary  of  State — His  Charge  to  the  Grand  Jury — Attentions  to  him 
on  his  Circuit — Elected  Governor — Votes  burnt  by  Canvassers,  who  de 
clare  Mr.  Clinton  to  be  Governor — Public  Excitement — Honours  paid  Mr. 
Jay  by  the  People — Proceedings  of  the  Legislature — Opinion  on  the  Sua 
bility  of  States — Proclamation  of  Neutrality—- Arrival  and  Conduct  of 
Genet — Causes  of  Complaint  against  British  Government — Mr.  Jay 
appointed  Envoy  to  Great  Britain — Embarks  for  England — Origin,  Char 
acter,  and  Objects  of  the  Democratic  Societies  ....  371 

CHAPTER  IX. 

1794-5. 
Negotiation  of  British  Treaty — Extracts  from  Mr.  Jay's  Correspondence  322 

CHAPTER  X. 

1795-6. 

Mr.  Jay  elected  Governor  in  his  Absence — Arrives  in  New- York — Resigns 
Office  of  Chief  Justice — Opposition  to  the  British  Treaty — Proceedings 
in  the  House  of  Representatives — Comparison  between  the  British  Treaty 
and  others  subsequently  formed  -------  356 

CHAPTER  XL 

1795-1801. 

Administration  of  Governor  Jay — His  Proclamation  for  a  general  Thanks 
giving — His  Conduct  in  appointing  to  Office,  and  in  pardoning  Criminals— 

4* 


Vlll  CONTENTS. 

Recommendation  relative  to  the  Observance  of  the  Sabbath — Re-elected 
Governor— Convenes  the  Legislature  in  the  Prospect  of  a  War  with  France 
— Law  passed  for  the  gradual  Abolition  of  Slavery — The  Governor  de 
clines  the  Office  of  Chief  Justice  of  the  United  States— Resists  the  En 
croachments  of  the  Council  of  Appointment — Removes  from  Albany — 
Presented  with  the  Freedom  of  the  City  -  .  -385 

CHAPTER  XII. 

1801-29. 

Mr.  Jay  retires  to  Bedford — His  Occupations  and  domestic  Habits— Letter 
to  Trinity  Church — His  Opinion  of  the  War  of  1812 — Elected  President 
of  the  American  Bible  Society — His  Correspondence  with  the  Corporation 
of  New- York— His  Illness  and  Death— Character  -  -  -  428 

APPENDIX. 

No.  I. — Address  to  the  People  of  Great  Britain  -         ...  465 

II. — Circular  Letter  from  Congress  to  their  Constituents        -  476 

III. — Barbe  de  Marbois  to  Count  do  Vcrgenncs       ...  490 

IV. — Addresses  to  the  American  Bible  Society        -        -         -  495 


THE 


LIFE     OF     JOHN    JAY, 


CHAPTER  I. 

Ancestors  of  John  Jay — His  Birth  and  Education — College  Anecdotes. 

JOHN  JAY,  the  subject  of  the  following  Memoir,  left 
behind  him  an  unfinished  history  of  his  ancestors,  written 
in  the  latter  part  of  his  life.  This  narrative  was  evidently 
intended  only  for  the  information  and  instruction  of  his 
children,  and  contains  much  that  would  not  be  generally 
interesting.  A  few  extracts,  however,  from  this  paper, 
while  they  serve  as  an  introduction  to  an  account  of  the 
writer  himself,  will  assist  in  illustrating  his  character. 

"  You  have  often  expressed  a  wish  that  I  would  reduce 
to  writing  what  information  I  have  respecting  our  ancestors. 
I  was  pleased  to  find  that  you  desired  it ;  and  have  often 
regretted  that  a  succession  of  affairs,  more  immediately 
important,  constrained  me  from  time  to  time  to  postpone  it. 
My  life  has  been  so  much  a  life  of  business,  that  idle  time 
has  not  been  among  my  burdens.  In  this  place  of  peace 
and  retirement,  which  a  kind  Providence  has  provided  for 
me  in  my  declining  years,  I  for  the  first  time  enjoy  the 
sweets  of  rest  and  tranquillity.  Leisure  hours  begin  to 
increase,  and  I  purpose  to  employ  some  of  them  in  giving 
you  the  information  you  request. 

VOL.  I. B 


2  LIFE    OF   JOHN    JAY. 

"  When  and  where  we  were  born,  and  who  were  our 
progenitors,  are  questions  to  which  certain  philosophers 
ascribe  too  little  importance.  It  becomes  us  to  be  mindful 
that  the  great  Creator  has  been  pleased  to  make  men  social 
beings  ;  that  he  established  between  them  various  relations, 
and  among  others,  those  which  arise  from  consanguinity  ; 
and  that  to  all  these  relations  he  has  attached  particular  and 
corresponding  duties.  These  relations  and  duties  promote 
the  happiness  of  individuals  and  families ;  they  pervade  and 
harmonize  society,  and  are  subservient  both  to  public  and 
personal  welfare. 

"  How  fleeting,  how  forgetful,  how  frail  is  tradition ! 
There  are  families  in  this  State  who  are  ignorant  even  of 
the  names  of  the  first  of  their  ancestors  who  came  to  this 
country — they  know  not  whence,  or  why,  or  how  they 
came.  Between  those  days  and  the  period  of  our  revolu 
tion,  the  field  for  biography  has  become  barren — little  has 
been  written,  and  of  that  little  much  has  been  lost  by  the 
destruction  of  papers  during  the  war.  The  time,  however, 
is  approaching  when  this  barren  field  will  be  cultivated  by 
genius  and  by  pride ;  and,  under  the  auspices  of  obscurity 
(ever  friendly  to  fiction),  become  fertile  in  fables. 

"My  faith  in  the  generality  of  historical  relations  of 
every  kind  has  been  gradually  declining  for  these  thirty 
years.  On  various  occasions  I  have  seen  accounts  of 
events  and  affairs  which  I  knew  to  be  incorrect.  Not  a 
few  of  the  common  and  current  opinions  respecting  public 
men  and  public  transactions  are  common  and  current  mis 
takes,  designedly  countenanced  by  demagogues  to  promote 
party  or  personal  purposes.  The  time,  however,  will  most 
certainly  come  when  the  world  and  all  that  therein  is  will 
be  purified  in  a  refiner's  fire.  It  will  then  be  of  little  im 
portance  to  us  whether  our  ancestors  were  splendid  or 
obscure,  and  whether  events  and  characters  have  been 
truly  or  partially  represented,  or  not  represented  at  all. 

"  But  to  return. — I  have  been  informed  that  our  family 


LIFE    OF   JOHN    JAY.  3 

is  of  Poictou,  in  France,  and  that  the  branch  of  it  to  which 
we  belong  removed  from  thence  to  Rochelle.  Of  our  an 
cestors  anterior  to  Pierre  Jay,  who  left  France  on  the 
revocation  of  the  Edict  of  Nantes,  I  know  nothing  that  is 
certain.  Pierre  Jay  was  an  active  and  opulent  merchant, 
extensively  and  profitably  engaged  in  commerce.  He 
married  Judith,  a  daughter  of  Mons.  Francois,  a  merchant 
in  Rochelle.  One  of  her  sisters  married  M.  Mouchard, 
whose  son  was  a  director  of  the  French  East  India  Com 
pany.  Pierre  Jay  had  three  sons  and  one  daughter.  The 
sons  were  Francis,  who  was  the  eldest;  Augustus,  who 
was  born  23d  March,  1665;  and  Isaac.  The  daughter's 
name  was  Frances.  Mr.  Jay  seemed  to  have  been  solicit 
ous  to  have  one  of  his  sons  educated  in  England.  He  first 
sent  his  eldest  son,  but  he  unfortunately  died  on  the  passage. 
Notwithstanding  this  distressing  event,  he  immediately  sent 
over  his  son  Augustus,  who  was  then  only  twelve  years 
old.  In  the  year  1683,  Mr.  Jay  recalled  Augustus,  and 
sent  him  to  Africa,  but  to  what  part  or  for  what  purpose 
is  now  unknown. 

**  The  troubles  and  violences  which  preceded  the  revoca 
tion  of  the  Edict  of  Nantes  are  related  in  five  quarto 
volumes,  entitled 'HistoiredeL'Edit  de  Nantes/ which  you 
will  find  among  my  books.  As  those  detestable  proceed 
ings  are  amply  detailed  in  that  history,  I  decline  taking 
particular  notice  of  them  here.  To  me  it  appears  extra 
ordinary,  that  such  proceedings  did  not  sooner  lead  the 
more  discreet  and  considerate  Protestants  to  foresee  the 
necessity  they  would  be  under  of  leaving  the  kingdom,  and 
the  prudence  of  making  timely  provision  for  their  retreat. 
Such,  however,  is  human  nature.  We  all  know  with  abso 
lute  certainty  that  we  are  to  pass  from  this  to  another 
world,  and  yet  how  few  of  us  prepare  for  our  removal ! 

"  Pursuant  to  an  order  passed  in  January,  1685,  the 
Protestant  church  at  Rochelle  was  demolished.  The  en- 


4  LIFE    OF   JOHN    JAY. 

suing  summer  a  number  of  troops  were  marched  into  the 
city,  and  quartered  on  the  Protestant  inhabitants,  and  these 
troops  were  soon  followed  by  four  companies  of  dragoons. 
The  attempts  made  to  convert  or  intimidate  Mr.  Jay  prov 
ing  fruitless,  some  of  these  dragoons  were  sent  to  his  house 
to  Jive  and  act  at  their  discretion.  I  have  not  understood 
that  they  offered  any  personal  insults  to  Mr.  Jay  or  his 
family,  but  in  other  respects  they  behaved  as  it  was  intended 
they  should.  Such  a  situation  was  intolerable,  and  Mr. 
Jay  lost  no  time  in  relieving  his  family  from  it.  He  found 
means  to  withdraw  them,  together  with  some  articles  of 
value,  secretly  from  the  house,  and  succeeded  in  putting 
them  on  board  a  vessel  which  he  had  engaged  for  the  pur 
pose.  They  fortunately  set  sail  without  being  discovered, 
and  were  safely  landed  at  Plymouth,  in  England.  He 
thought  it  advisable  to  remain  behind,  doubtless  with  the 
design  to  save  what  he  could  from  the  wrecks  of  his 
fortune, 

"  It  was  not  long  before  the  absence  of  his  family  excited 
attention,  and  produced  investigations.  After  some  time 
he  was  arrested  and  committed  to  prison.  Being  closely 
connected  with  some  influential  Catholics,  he  was  by  their 
interposition  and  good  offices  soon  set  at  liberty.  At  that 
time  some  vessels  in  which  he  was  concerned  were  ex 
pected,  and  particularly  one  from  Spain,  of  which  he  was 
the  sole  owner.  He  determined  to  effect  his  escape,  if  pos 
sible,  in  the  first  of  these  vessels  that  should  arrive ;  and 
for  that  purpose  instructed  a  pilot,  on  whose  good-will  and 
attachment  he  relied,  to  watch  these  vessels,  and  to  put  the 
first  of  them  that  came  in  immediately  at  anchor,  at  a  place 
agreed  upon  between  them. 

"  Of  the  vessels  that  were  expected,  the  one  from  Spain 
was  the  first  that  arrived.  The  pilot  instantly  went  on 
board,  and  carried  her  to  the  place  agreed  on,  and  gave 
Mr,  Jay  notice  of  it  With  the  aid  of  this  faithful  and 


LIFE    OF   JOHN    JAY.  5 

friendly  pilot,  proper  precautions  were  taken  to  prevent 
discovery,  and  the  moment  Mr.  Jay  got  on  board  she  sailed, 
and  carried  him  to  England. 

"  This  ship  and  her  cargo  (the  principal  part  of  which 
was  iron)  belonged  wholly  to  himself,  and  together  with 
the  property  sent  over  with  his  family,  and  that  now  brought 
over  by  himself,  comprised  all  that  he  saved.  What  this 
all  amounted  to,  I  have  never  been  informed :  it  was  such, 
however,  as  placed  him  and  his  family  above  dependency, 
and  was  so  managed  as  that,  during  the  residue  of  his  life, 
his  situation  was  comfortable. 

"  As  soon  as  Mr.  Jay's  departure  was  known,  his  estate 
in  France  was  seized ;  and  no  part  of  it  afterward  came  to 
the  use  of  either  himself  or  his  children. 

"Having  escaped  from  the  fury  of  persecution  to  a 
friendly  country,  nothing  remained  to  excite  his  anxiety 
but  the  fate  of  his  son  Augustus,  whom  he  had  sent  to 
Africa,  and  who  would  probably  arrive  without  having  been 
apprized  of  the  troubles  and  flight  of  his  family.  This 
accordingly  happened.  On  his  arrival  at  Rochelle,  he  found 
himself  in  a  situation  not  easy  to  be  described.  The  per 
secution  was  proceeding  with  increasing  severity,  and  every 
circumstance  and  prudential  consideration  pressed  him  to 
decide  without  delay  on  the  measures  proper  for  him  to 
take  and  pursue.  He  determined  to  remain  true  to  his  reli 
gion,  and  to  meet  the  risks  and  dangers  to  which  it  exposed 
him.  The  kindness  of  his  friends  facilitated  every  neces 
sary  arrangement  for  his  departure  from  the  country,  and 
in  a  very  short  time  he  embarked  in  a  vessel  bound  to 
Charleston,  in  South  Carolina.  Thus  by  Divine  Providence 
every  member  of  the  family  was  rescued  from  the  rage  and 
reach  of  persecution,  and  enabled  to  preserve  a  portion  of 
property  more  than  adequate  to  their  actual  necessities. 

"  Augustus  very  properly  reflected  that  his  parents  had 
two  younger  children  to  provide  for,  and  that  it  became 
him  to  depend  on  his  own  exertions.  It  was  his  first  in- 


6  LIFE    OP   JOHN   JAY. 

tention  to  settle  in  South  Carolina.  His  education  in  Eng 
land,  and  the  knowledge  he  had  acquired  of  the  English 
language,  trade,  and  manners,  had  prepared  him  for  living 
in  an  English  country.  The  climate  of  South  Carolina, 
however,  made  so  serious  an  impression  on  his  health  that 
he  went  to  Philadelphia,  which  he  found  in  such  an  infant 
state,  that  he  thought  it  advisable  to  go  to  New-York. 
With  New-York  he  was  much  pleased,  and  found  there 
several  refugee  families  from  Rochelle.  His  first  employ 
ment  was  that  of  supercargo,  and  he  continued  in  it  for 
several  years.  His  parents  found  themselves  relieved  from 
anxiety  about  his  welfare,  and  with  great  satisfaction  ob 
served  his  industry  and  promising  prospects.  The  time, 
however,  was  approaching  when  the  course  of  life  proper 
for  their  younger  son  was  to  be  determined  and  provided 
for.  He,  it  seems,  preferred  a  military  life ;  and  his  pas 
sion  for  it  was  exceedingly  excited  by  the  forming  a  regi 
ment  of  French  refugees  in  England  to  serve  a  Protestant 
king  against  a  popish  competitor.  Isaac  solicited  the  con 
sent  of  his  parents  with  so  much  earnestness,  that  it  was  at 
length  obtained.  He  joined  his  regiment  as  a  volunteer, 
and  was  with  it  at  the  battle  of  the  Boyne,  in  1690.  He 
received  several  wounds ;  and  returning  to  his  father,  lin 
gered  for  some  months,  and  died. 

"In  the  year  1692  certain  commercial  affairs  at  Ham 
burgh  induced  Augustus  to  take  a  passage  in  a  vessel  bound 
from  New- York  to  that  place.  The  vessel  was  captured 
by  a  privateer  from  St.  Maloes,  and  carried  into  that  port. 
He  with  other  prisoners  was  sent  to  a  fortress  about  fifteen 
miles  from  St.  Maloes.  He  was  in  that  fortress  when  the 
news  of  the  battle  of  La  Hogue  arrived  there.  Orders 
were  thereupon  given  that  the  prisoners  should  that  evening 
be  put  and  kept  in  close  custody.  By  negligence  or  ac 
cident  the  prisoners  became  informed  of  this  order.  Au 
gustus  and  another  prisoner  agreed  to  attempt  making  their 
escape.  The  day  had  been  wet  and  boisterous,  and  in  the 


LIFE    OF   JOHN   JAY.  7 

evening  the  rain  and  wind  increased.  Before  the  time 
when  they  expected  to  be  called,  they  found  means  to  con 
ceal  themselves,  so  that  when  the  other  prisoners  were  car 
ried  to  the  places  in  which  they  were  to  be  closely  confined, 
these  two  remained  without.  Favoured  by  the  darkness 
and  the  storm,  they  eluded  the  vigilance  of  the  sentinels, 
and  proceeded  to  the  part  of  the  wall  which  they  had  agreed 
on.  There  Augustus  let  himself  drop  into  the  ditch,  and 
received  no  material  injury.  His  companion  did  not  join 
him  :  whether  he  changed  his  mind  or  was  stunned  by  the 
fall  is  uncertain.  Augustus  took  the  road  to  Rochelle,  and 
so  managed  as  not  to  arrive  there  till  the  next  evening,  and 
at  a  late  hour  repaired  to  his  aunt  Mouchard,  by  whom  he 
was  kindly  received  and  secreted ;  and  afterward,  through 
her  address  and  management,  he  was  privately  conveyed 
to  the  Isle  of  Rhe,  where  a  vessel  ready  to  sail  for  Den 
mark  received  him.  He  arrived  safe  in  Denmark.  On  his 
return  he  went  to  Holland,  and  from  thence  to  England  to 
visit  his  father  and  sister.  Much  to  the  grief  and  loss  of  the 
family  his  mother  had  lately  died,  and  he  found  his  father  and 
sister  deeply  affected  by  it.  This  was  the  first  time  they  had 
met  since  they  fled  from  France.  The  excitements  to  sen 
sibility  were  numerous,  and  it  was  natural  that  on  such  an 
occasion  the  tears  of  grief  should  mingle  with  those  of  joy. 
The  affairs  and  engagements  of  Augustus  constrained  him 
to  return  speedily  to  America ;  and  it  was  not  long  before 
he  was  obliged  to  take  leave  of  his  afflicted  and  affectionate 
father  and  sister.  With  what  emotions  they  bade  each  other 
a  last  farewell  may  easily  be  conceived.  How  much  has 
persecution  to  answer  for  ! 

"  In  1697  Augustus  married,  at  New- York,  Ann  Maria,  a 
daughter  of  Mr.  Balthazar  Bayard.  The  ancestor  of  this  gen 
tleman  was  a  Protestant  professor  of  theology  at  Paris  in  the 
reign  of  Lewis  the  13th,  and  wrho  had  been  compelled  by  the 
persecuting  spirit  of  popery  to  quit  his  country,  and  go  with 
his  wife  and  children  to  Holland.  Three  of  his  grand- 


8  LIFE    OP   JOHN   JAY. 

sons,  of  whom  Mr.  Balthazar  Bayard  was  one,  afterward 
removed  from  Holland  to  America.  By  his  marriage  Au 
gustus  became  encircled  with  friends  who,  from  their  situa 
tions,  were  able,  and  from  the  attachment  to  consanguinity 
(for  which  our  Dutch  families  were  always  remarkable) f 
were  disposed  to  promote  his  interest  as  a  merchant,  and 
his  social  happiness  as  a  man.  He  no  sooner  found  him 
self  settled  and  his  prospects  fair,  than  he  represented  the 
prosperous  state  of  his  affairs  to  his  father  and  sister,  and 
earnestly  pressed  them  to  come  over  and  participate  in  it. 
But  his  father  thought  himself  too  far  advanced  in  age  to 
undertake  the  voyage,  and  no  considerations  could  have 
prevailed  on  his  excellent  daughter  to  leave  him. 

"  From  what  has  been  said,  you  will  observe  with  plea 
sure  and  with  gratitude  how  kindly  and  how  amply  Provi 
dence  was  pleased  to  provide  for  the  welfare  of  our  ancestor 
Augustus.  Nor  was  his  case  a  solitary  or  singular  instance. 
The  beneficent  care  of  Heaven  appears  to  have  been  evi 
dently  and  remarkably  extended  to  all  those  persecuted 
exiles.  Strange  as  it  may  seem,  I  never  heard  of  one  of 
them  who  asked  or  received  alms  ;  nor  have  I  any  reason  to 
suspect,  much  less  to  believe,  that  any  of  them  came  to  this 
country  in  a  destitute  condition.  The  number  of  refugees 
who  settled  here  was  considerable.  They  did  not  disperse 
or  settle  in  different  parts  of  the  country,  but  formed  three 
societies  or  congregations ;  one  in  the  city  of  New- York, 
another  at  the  Paltz,  and  the  third  at  a  town  which  they 
purchased  and  called  New-'Rochelle.*  At  New-Rochelle 
they  built  two  churches,  and  lived  in  great  tranquillity: 
none  of  them  became  rich,  but  they  all  lived  comfort 
ably. 

"  Augustus  Jay,  after  having  had  three  daughters,  was  on 
the  3d  November,  1704,  blessed  with  a  son,  whom,  in  honour 
of  his  father,  he  named  Peter.  That  good  old  gentleman 
lived  some  time  after  this,  but  how  long  exactly,  I  do  not 

*  In  Westchestcr  county,  state  of  New- York. 


LIFE    OF    JOHN   JAY.  9 

recollect.     After  his  death  his  daughter  married  Mr.  Pelo- 
quin,  a  merchant  of  Bristol. 

"In  the  year  1723,  Mr.  Jay  had  the  pleasure  of  giving 
one  of  his  daughters  to  Mr.  Peter  Valette,  a  French  refugee 
settled  at  New-York.  This  gentleman  was  one  of  three 
brothers ;  they  were  all  Protestants,  and  each  of  them  in 
more  than  easy  circumstances.  Being  hard  pressed  by  per 
secution,  they  were  driven  by  it  to  decide  on  the  part  they 
should  take.  Two  of  them  determined  to  adhere  to  their 
religion — the  other  became  a  papist,  and  took  the  estates 
of  his  brothers.  Of  the  two  who  remained  faithful,  one 
came  to  New- York,  and  the.  other  settled  in  the  island  of 
Jamaica,  where  he  became  very  opulent.  The  following 
anecdote  shows  that  he  was  not  an  ordinary  man.  During 
the  war  between  England  and  France,  I  think  in  the  reign 
of  Queen  Anne,  some  French  prisoners  captured  at  sea  were 
brought  to  Jamaica.  Among  them  was  one  whose  name  was 
Valette.  This  excited  the  old  gentleman's  curiosity.  He 
saw  the  prisoner,  and  discovered  that  he  was  the  son  of  his 
unworthy  brother,  who,  in  consequence  of  unprofitable  spec 
ulations,  had  been  reduced  to  indigence.  He  took  the  pris 
oner  to  his  house,  made  the  necessary  arrangements  for  his 
return  to  France,  and  made  him  the  bearer  of  a  grant  to 
his  father  of  a  liberal  annuity,  I  think  £300  a  year." 

Ill  health  probably  prevented  Mr.  Jay  from  extending  the 
narrative  from  which  the  foregoing  extracts  have  been 
taken,  so  far  as  to  embrace  a  notice  of  his  parents. 

Augustus  Jay  pursued  his  profession  as  a  merchant 
with  credit  and  success.  He  lived  to  the  good  old  age  of 
86,  respected  and  esteemed  by  his  fellow-citizens,  and  died 
at  New- York  in  1751.  He  was  remarkable  for  uniting 
great  vivacity  and  good-humour  to  deep  and  unaffected 
devotion.  He  left  three  daughters  and  one  son,  named 
Peter.  The  former  married  gentlemen  of  some  of  the  most 
respectable  families  of  the  province  ;  the  latter  was  sent  to 
England  in  his  youth,  and  placed  in  the  counting-house  of 

VOL.  I. C 


10  LIFE    OF   JOHN    JAY. 

his  uncle,  Mr.  Pcloquin,  of  Bristol.  Soon  after  his  return, 
in  1728,  Peter  Jay  married  Mary  the  daughter  of  Jacobus 
Van  Cortlandt.  Her  mother  was  the  daughter  of  Frederick 
Philipse,  whose  family,  originally  of  Bohemia,  had  been 
compelled  by  popish  persecution  to  take  refuge  in  Holland, 
from  whence  he  had  emigrated  to  New- York.  Thus  had 
the  subject  of  our  memoir  the  honour  to  be  descended  in 
three  instances  from  ancestors  who  chose  to  abandon  their 
country  rather  than  their  religion. 

Peter  Jay  pursued  the  occupation  of  his  father  and  grand 
father  ;  and,  declining  a  participation  in  the  political  dis 
putes  which  then  distracted  the  colony,  he  applied  himself 
assiduously  to  his  business  as  a  merchant.  Having  earned 
a  fortune  which,  added  to  the  property  he  had  acquired  by 
inheritance  and  marriage,  he  thought  sufficient,  he  resolved, 
when  little  more  than  forty  years  old,  to  retire  into  the 
country,  and  for  this  purpose  purchased  a  farm  at  Rye, 
on  the  shores  of  Long  Island  Sound,  a  few  miles  dis 
tant  from  New-Rochelle,  and  about  five-and-twenty  from 
the  city  of  New- York.  To  this  measure  he  was  also 
prompted  by  a  domestic  calamity.  Two  of  his  children,  a 
son  and  a  daughter,  were  attacked  in  their  infancy  by  small 
pox,  and  were  deprived  of  sight  by  this  formidable  disease, 
the  right  treatment  of  which  was  then  unknown  or  not  prac 
tised.  It  was  thought  that  the  two  little  sufferers  could  be 
brought  up  more  safely  and  advantageously  in  the  country 
than  the  city.  Peter  Jay  had  ten  children ;  JOHN  was  his 
eighth  child,  and  was  born  in  the  city  of  New- York  the 
12th  December,  1745.  He  was  named  after  the  Honoura 
ble  John  Chambers,  one  of  the  Judges  of  the  Supreme  Court 
of  the  province,  who  had  married  his  mother's  sister.  On 
the  removal  of  the  family  to  Rye,  he  was  carried  there  in 
his  nurse's  arms. 

The  character  of  the  parents,  who  now  devoted  them 
selves  to  the  education  of  their  children,  deserves  to  be 
noticed.  It  was  a  theme  on  which  their  son  delighted  to  con- 


LIFE    OF    JOHJN    JAY.  11 

verse ;  for  seldom  have  parents  been  so  loved  and  reverenced 
as  they  were  by  him.  Both  father  and  mother  were  actu 
ated  by  sincere  and  fervent  piety ;  both  had  warm  hearts 
and  cheerful  tempers;  and  both  possessed,  under  varied 
and  severe  trials,  a  remarkable  degree  of  equanimity.  But 
in  other  respects  they  differed  widely.  He  possessed  strong 
masculine  sense,  was  a  shrewd  observer  and  admirable 
judge  of  men ;  resolute,  persevering,  and  prudent ;  an  affec 
tionate  father,  a  kind  master,  but  governing  all  under  his 
control  with  mild  but  absolute  sway.  She  had  a  cultivated 
mind  and  fine  imagination ;  mild  and  affectionate  in  her 
temper  and  manners,  she  took  delight  in  the  duties  as  well 
as  the  pleasures  of  domestic  life ;  while  a  cheerful  resigna 
tion  to  the  will  of  Providence,  during  many  years  of  sick 
ness  and  suffering,  bore  witness  to  the  strength  of  her  reli 
gious  faith.  So  happily  did  these  .various  dispositions  har 
monize  together,  that  the  subject  of  this  memoir  often 
declared,  that  he  had  never,  in  a  single  instance,  heard 
either  of  his  parents  use  towards  the  other  an  angry  or 
unkind  word. 

Notwithstanding  the  cares  of  a  large  family,  the  mother 
devoted  much  of  her  time  to  the  instruction  of  the  two  blind 
children  and  of  the  little  John.  To  the  former  she  read  the 
best  authors ;  to  the  latter  she  taught  the  rudiments  of 
English,  and  the  Latin  grammar.  When  between  six  and 
seven  years  old,  his  father,  writing  about  him  to  one  of  the 
family,  remarked,  "  Johnny  is  of  a  very  grave  disposition, 
and  takes  to  learning  exceedingly  well.  He  will  soon  be  fit 
to  go  to  a  grammar-school."  When  eight  years  old  he  was 
sent  to  a  grammar-school  kept  by  the  Rev.  Mr.  Stoope, 
pastor  of  the  French  church  at  New-Rochelle.  His  charac 
ter,  even  at  this  early  age,  seems  to  have  been  sufficiently 
marked  to  excite  the  favourable  anticipations  of  his  discern 
ing  father,  who,  in  a  letter  to  Mr.  Peloquin  of  Bristol, 
observed,  "  I  cannot  forbear  taking  the  freedom  of  hinting 
to  you  that  my  Johnny  gives  me  a  very  pleasing  prospect. 


12  LIFE    OF   JOHN    JAY. 

He  seems  to  be  endowed  with  a  very  good  capacity,  is 
very  reserved,  and  quite  of  his  brother  James's  disposition 
for  books." 

The  gentleman  to  whose  charge  he  was  now  committed 
was  a  native  of  Switzerland,  and  of  odd  habits.  Ignorant 
of  the  world,  regardless  of  money,  and  remarkable  for 
absence  of  mind,  he  devoted  every  moment  of  his  leisure  to 
his  studies,  and  particularly  to  the  mathematics ;  and  he 
left  the  undisputed  government  of  himself  and  his  household 
to  his  wife,  who  was  as  penurious  as  he  was  careless.  The 
parsonage  and  every  thing  about  it  was  suffered  to  decay, 
and  the  boys  were  treated  with  little  food  and  much  scold 
ing.  Little  as  he  was,  John  contrived  to  prevent  the  snow 
from  drifting  upon  his  bed,  by  closing  the  broken  panes  of 
glass  with  pieces  of  wood.  The  contrast  between  such 
lodgings  and  such  treatment  and  that  to  which  he  was 
accustomed  at  home  was  not  pleasing,  but  probably  not 
without  its  uses.  The  plain  and  simple  diet  to  which  he 
was  confined  led  to  that  indifference  to  the  quality  of  his  food 
for  which  through  life  he  was  remarkably  distinguished, 
while  his  constitution  no  doubt  derived  additional  strength 
and  vigour  from  the  hardships  to  which  he  was  exposed. 
His  health  was  robust ;  and  in  after-life  he  used  to  mention 
the  pleasure  he  at  this  time  enjoyed  in  roaming  through  the 
woods  and  gathering  nuts,  which  he  carried  home  in  his 
stockings,  which  he  stripped  off  for  the  purpose.  The 
inhabitants  of  the  village -were  chiefly  descendants  of  French 
refugees,  and  French  was  spoken  by  them,  as  well  as  in  the 
parsonage  ;  and  he  thus  acquired,  with  little  trouble,  a  lan 
guage  for  which  he  had  afterward  so  much  use.  He  re 
mained  at  this  school  three  years,  when  his  father  took  him 
home  and  placed  him  under  the  instruction  of  a  private 
tutor,  who  completed  his  preparation  for  college. 

King's  (now  Columbia)  College  was  then  in  its  infancy, 
and  had  but  few  students.  The  number  of  them  has  never 
been  large,  but  there  are  few  colleges  in  our  country  which 


LIFE    OF   JOHN    JAY.  13 

have  produced  more  good  scholars  in  proportion  to  the 
number  than  this. 

To  this  college  Mr.  Jay  was  sent  in  1760,  being  a  little 
more  than  fourteen  years  old.  The  excellent  Dr.  Samuel 
Johnson  was  then  president. 

The  young  freshman  was  now  suddenly  introduced  to  a 
scene  entirely  new  .to  him,  and  was  thrown  among  com 
panions  of  various  dispositions  and  habits,  without  any 
other  guide  or  monitor  than  his  own  good  sense  and 
virtue.  His  intercourse  with  others  made  him  sensible  of 
his  own  deficiencies,  and  he  commenced  the  work  of  cor 
recting  them  with  a  resolution  and  perseverance  not  often 
evinced  in  early  youth.  His  articulation  was  indistinct, 
and  his  mode  of  pronouncing  the  letter  L  exposed  him  to 
ridicule.  He  purchased  a  book  written  by  Sheridan,  pro 
bably  his  Lectures  on  Elocution,  and,  shutting  himself  up 
daily  in  his  room,  studied  it  till  his  object  was  accomplished. 
He  had  a  habit  of  reading  so  rapidly  as  to  be  understood 
with  difficulty.  For  the  purpose  of  correcting  this  fault,  he 
read  aloud  to  himself,  making  a  full  stop  after  every  word, 
until  he  had  acquired  a  complete  control  of  his  voice ;  and 
he  thus  became  an  excellent  reader.  With  the  same  energy 
he  pursued  all  his  studies,  and  especially  attended  to  Eng 
lish  composition.  So  intent  was  he  on  this,  that  when  about 
to  write  an  English  exercise,  he  placed  a  piece  of  paper 
and  a  pencil  by  his  bedside,  that  if,  while  meditating  on  his 
subject  in  the  night,  a  valuable  idea  occurred  to  him,  he 
might  make  some  note  ^>f  it,  even  in  the  dark,  that  might 
recall  it  in  the  morning. 

His  application  and  correct  deportment  acquired  for  him 
the  esteem  and  friendship  of  the  president.  This  worthy 
man  resigned  his  office  after  Mr.  Jay  had  been  three  years 
in  college,  and  retired  to  Connecticut,  from  whence  he  wrote 
a  kind  letter  to  his  late  pupil,  inviting  him  to  visit  him,  and 
assuring  him  of  his  prayers  that  he  might  "  continue  to  act 
a  good  part."  Dr.  Johnson  was  succeeded  in  the  presi- 


14  LIFE    OF    JOHN   JAY. 

dency  by  Dr.  Myles  Cooper,  an  Oxford  scholar,  a  high 
tory,  and  as  might  have  been  expected,  a  decided  royalist, 
when  the  revolution  began ;  but  the  difference  of  their  poli 
tical  sentiments  never  prevented  Mr.  Jay  from  speaking  of 
him  with  esteem. 

As  the  period  of  his  college  life  approached,  it  became 
necessary  to  decide  concerning  his  future  profession.  This 
was  left  by  his  father  to  his  own  choice.  After  due  reflec 
tion  he  decided  to  study  law.  One  of  his  classmates  having 
formed  the  same  resolution,  they  determined  to  begin  at 
once,  and  they  read  together  Grotius  de  Jure  Belli  et  Pads 
in  the  original. 

An  obstacle  however  then  existed  to  his  pursuit  of  the 
profession  he  had  chosen,  in  New- York,  which  at  this  day 
appears  extraordinary.  The  members  of  the  bar  in  New- 
York  were  then  few  in  number ;  and  actuated  by  an  un 
worthy  desire  to  secure  to  themselves,  as  far  as  possible, 
the  whole  legal  practice  of  the  colony,  they  entered  into  an 
agreement  with  each  other  not  to  take  into  their  offices  as 
clerks  any  young  men  who  intended  to  enter  the  profession. 
Mr.  Jay's  father  took  timely  measures  to  secure  for  his  son 
in  England  that  legal  education  which  was  thus  denied  to 
him  in  his  own  country ;  and  preparations  were  made  for 
sending  John  to  London  as  soon  as  he  should  leave  college. 
Shortly  before  this  period  arrived,  the  agreement  we  have 
mentioned  was  abandoned ;  whether  because  it  was  found 
impossible  to  enforce  it,  or  because  its  authors  shrank  from 
the  odium  it  excited,  is  now  unknown. 

In  the  last  year  of  his  collegiate  course,  and  a  few  weeks 
before  he  was  to  take  his  degree,  an  incident  occurred 
which  threatened  to  destroy  the  good  feeling  which  existed 
between  Mr.  Jay  and  the  president.  A  number  of  students 
being  assembled  in  the  college  hall,  some  of  them,  either 
through  a  silly  spirit  of  mischief,  or  in  revenge  for  some 
fault  imputed  to  the  steward,  began  to  break  the  table. 
The  president,  attracted  by  the  noise,  entered  the  room, 


LIFE    OF    JOHN   JAY.  15 

but  not  so  speedily  as  to  find  the  offenders  in  the  act.  He 
immediately  arranged  the  students  in  a  line,  and  beginning 
at  one  end,  asked,  "  Did  you  break  the  table  ?"  the  answer 
was  "  No." — "  Do  you  know  who  did  ?" — "  No."  Passing 
along  the  line,  the  same  questions  and  answers  were  asked 
and  received,  till  he  came  to  Mr.  Jay,  who  was  the  last 
but  one  in  the  line.  To  the  first  question  he  replied  as  the 
others  had  done,  and  to  the  second  he  answered,  "  Yes, 
sir." — "  Who  was  it  ?"— "  I  do  not  choose  to  tell  you,  sir," 
was  the  unexpected  reply.  The  young  gentleman  below 
him  returned  the  same  answers.  The  president  expostu 
lated  and  threatened,  but  in  vain.  The  contumacious  stu 
dents  were  called  before  a  board  of  the  professors,  where 
Mr.  Jay  made  their  defence.  Each  student  on  his  admis 
sion  had  been  required  to  sign  his  name  to  a  written 
promise  of  obedience  to  all  the  college  statutes.  Mr.  Jay 
contended  that  he  had  faithfully  kept  this  promise,  and  that 
the  president  had  no  right  to  exact  from  him  any  thing  not 
required  by  the  statutes  ;  that  these  statutes  did  not  require 
him  to  inform  against  his  companions,  and  that  therefore 
his  refusal  -to  do  so  was  not  an  act  of  disobedience.  The 
defence  was  overruled,  and  the  delinquents  were  sentenced 
to  be  suspended  and  rusticated.  Mr.  Jay  returned  to  col 
lege  at  the  expiration  of  his  sentence  ;  and  Dr.  Cooper,  by 
the  kindness  of  his  reception,  suffered  him  to  perceive  that 
he  had  not  by  his  conduct  forfeited  any  part  of  his  good 
opinion.*  On  the  15th  May,  1764,  he  received  his  degree 
of  Bachelor  of  Arts,  and  spoke  the  Latin  salutatory,  which 
was  then,  as  at  present,  regarded  as  the  highest  collegiate 
honour. 

*  It  is  worthy  of  remark,  that  Mr.  Jay  retained  among  his  papers  to  the 
day  of  his  death  a  copy  of  the  statutes,  from  which  it  appears  that  the  con 
duct  for  which  he  was  suspended  was  not  even  indirectly  forbidden  by 
them. 


16  LIFE    OF   JOHN    JAY. 


CHAPTER    II. 

1764-76. 

Mr.  Jay  studies  Law  with  Benjamin  Kissam — Admitted  to  the  Bar — Com 
mences  Practice  with  Robert  R.  Livingston — His  Marriage — Member  of 
New- York  Committee  of  Correspondence — Committee  propose  a  General 
Congress — He  is  elected  a  Delegate  to  Congress — Writes  Address  to 
People  of  Great  Britain — Elected  to  New-York  Provincial  Congress — 
Appointed  Delegate  to  the  second  General  Congress — Member  of  New- 
York  Committees  of  Observation  and  Association — Writes  Address  to 
People  of  Canada — Supports  a  second  Petition  to  the  King — Writes 
Address  to  People  of  Ireland — Appointed  Colonel  in  New- York  Militia — 
Anecdote  of  first  Communication  to  Congress  of  the  Intentions  of  the 
French  Court — Is  elected  a  Member  of  New-York  Convention — Recalled 
from  Congress  to  assist  in  the  Convention — Power  and  Proceedings  of 
Committee  for  detecting  Conspiracies — Writes  Address  from  Convention 
to  the  People  of  New-York — Secret  Correspondence  with  Mr.  Deane. 

Two  weeks  after  he  had  taken  his  degree,  Mr.  Jay  en 
tered  the  office  of  Benjamin  Kissam,  Esq.,  in  the  city  of 
New-York,  as  a  student  at  law.  With  this  gentleman  he 
soon  found  himself  on  those  terms  of  easy  familiarity  which 
are  inspired  by  mutual  esteem  and  confidence.  In  after 
life  he  was  accustomed  to  speak  of  Mr.  Kissam  as  one  of 
the  best  men  he  ever  knew,  and  one  of  the  best  friends  he 
ever  had.* 

*  Lindley  Murray,  afterward  distinguished  by  his  various  works  on 
grammar  and  religion,  was  at  this  time  a  student  in  the  same  office.  In  a 
short  memoir  of  himself,  published  after  his  death,  he  paid  the  following 
tribute  to  his  early  companion  : — "  The  celebrated  John  Jay,  Esq.,  late  Gov 
ernor  of  New-York,  was  my  fellow-student  for  about  two  years.  His  talents 
and  virtues  gave  at  that  period  pleasing  indications  of  future  eminence :  he 
was  remarkable  for  strong  reasoning  powers,  comprehensive  views,  indefati 
gable  application,  and  uncommon  firmness  of  mind.  With  these  qualifica- 


LIFE    OF   JOHN   JAY.  17 

To  a  letter  from  Mr.  Kissam,  while  absent,  making  some 
inquiries  about  the  business  of  the  office,  his  clerk  returned 
the  following  answer : 

"  New- York,  12th  August,  1766. 
"  DEAR  SIR, 

"  To  tell  you  that  I  often  find  myself  at  a  loss  for  some 
thing  to  say,  would  be  telling  you  nothing  new  ;  but  to  in 
form  t  you  that  whenever  I  sit  down  to  write,  my  invention 
makes  a  point  of  quarrelling  with  my  pen,  will  doubtless 
be  to  account  for  the  in  my 

letters.  In  writing  to  those  who,  I  know,  prefer  honest 
hearts  to  clear  heads,  I  turn  thought  out  of  doors,  and  set 
down  the  first  ideas  that  turn  up  in  the  whirl  of  imagination. 
You  desire  me  '  to  give  you  some  account  of  the  business 
of  the  office  :'  whether  my  apprehension  is  more  dull  than 
common,  or  whether  I  have  slept  too  late  this  morning  and 
the  drowsy  god  is  still  hovering  over  my  senses,  or  from 
what  other  cause,  matter,  or  thing  I  know  not ;  but  I  really 
do  not  well  understand  what  you  would  have  me  do.  You 
surely  do  not  mean  that  I  should  send  you  a  list  of  new 
causes  on  your  docket ;  for  I  imagine  'tis  perfectly  indifferent 
whether  you  receive  a  fee  in  the  cause  A.  vs.  B.,  or  B.  vs. 
A. :  the  number  of  them,  indeed,  may  (as  the  New-England 
lawyers'  phrase  is)  be  a  matter  of  some  speculation.  And, 
therefore,  to  remove  every  hook  and  loop  whereon  to  hang 
a  doubt,  I  won't  acquaint  you  that  there  are  a  good  many ; 
for  you  and  I  may  annex  different  ideas  to  these  words — 
but  that  you  have  new  ones  in  the  Supreme,  and 

in  the  Mayor's  Court. 

"  If  by  wanting  to  know  how  matters  go  on  in  the  office, 
you  intend  I  shall  tell  you  how  often  your  clerks  go  into 

tions,  added  to  a  just  taste  in  literature,  and  ample  stores  of  learning  and 
knowledge,  he  was  happily  prepared  to  enter  on  that  career  of  public  virtue 
by  which  he  was  afterward  honourably  distinguished,  and  made  Instrumental 
in  promoting  the  good  of  his  country.'* 
VOL.  I. D 


18  LIFE    OF   JOHN   JAY. 

it ;  give  me  leave  to  remind  you  of  the  old  law  maxim,  that 
a  man's  own  evidence  is  not  to  be  admitted  in  his  own 
cause.  Why  ?  Because  'tis  ten  to  one  he  does  violence  to 
his  conscience.  If  I  should  tell  you  that  I  am  all  day  in  the 
office,  and  as  attentive  to  your  interest  as  I  would  be  to  my 
own,  I  suspect  you  would  think  it  such  an  impeachment  of 
my  modesty  as  would  not  operate  very  powerfully  in  favour 
of  my  veracity.  And  if,  on  the  other  hand,  I  should  tell 
you  that  I  make  hay  while  the  sun  shines,  and  say  unto  my 
soul, — «  Soul,  take  thy  rest,  thy  lord  is  journeying  to  a  far 
country ;'  I  should  be  much  mistaken,  if  you  did  not  think 
the  confession  looked  too  honest  to  be  true. 

"  When  people  in  the  city  write  to  their  friends  in  the 
country,  I  know,  it  is  expected  that  their  letters  should  con 
tain  the  news  of  the  town.  For  my  part,  I  make  it  a  rule 
never  to  frustrate  the  expectations  of  my  correspondents  in 
this  particular,  if  I  can  help  it ;  and  that  as  much  for  my 
own  sake  as  for  theirs  :  for  it  not  only  saves  one's  invention 
a  good  deal  of  fatigue,  but  fills  up  blank  paper  very  agree 
ably.  Things  remain  here,  if  I  may  speak  in  your  own 
language,  pretty  much  in  statu  quo.  Some,  with  reluctance, 
shuffling  off  this  mortal  coil ;  and  others  solacing  themselves 
in  the  arms  of  mortality.  The  ways  of  men,  you  know,  are 
as  circular  as  the  orbit  through  which  our  planet  moves, 
and  the  centre  to  which  they  gravitate  is  self :  round  this 
we  move  in  mystic  measures,  dancing  to  every  tune  that  is 
loudest  played  by  heaven  or  hell.  Some,  indeed,  that  happen 
to  be  jostled  out  of  place,  may  fly  off  in  tangents  like  wander 
ing  stars,  and  either  lose  themselves  in  a  trackless  void,  or 
find  another  way  to  happiness  ;  but  for  the  most  part,  we 
continue  to  frolic  till  we  are  out  of  breath ;  then  the  music 
ceases,  and  we  fall  asleep.  It  is  said  you  want  more  sol 
diers.  I  suspect  Mr.  Morris  was  lately  inspired  by  some 
tutelar  deity.  If  I  remember  right,  he  carried  a  great  many 
Jlfats  with  him.  Good  Lord  deliver  you  from  battle,  mur 
der,  and  from  sudden  death. 


LIFE    OP   JOHN   JAY.  19 

«  Pray,  how  do  all  these  insignia  of  war  and  bloodshed 
sit  upon  Sam  Jones's  lay  stomach.  I  wonder  how  he  can 
bear  to  see  Justice  leaning  on  an  officer's  arm,  without 
getting  a  fit  of  the  spleen  ;  or  behold  the  forum  surrounded 
with  guards,  without  suffering  his  indignation  to  trespass 
on  his  stoicism.  I  dare  say  he  is  not  much  pleased  with 
such  unusual  pomp  of  justice,  such  unprecedented  array  of 
terror ;  and  would  rather  see  the  court  hop  lamely  along 
upon  her  own  legs,  than  walk  tolerably  well  with  the  assist 
ance  of  such  crutches.  God  bless  him.  I  wish  there  were 
many  such  men  among  us ;  they  would  reduce  things  to 
just  principles. 

"  I  have  just  read  over  what  I  have  written,  and  find  it 
free  enough  in  all  conscience.  Some  folks,  I  know,  would 
think  it  too  free,  considering  the  relation  we  stand  in  to  each 
other. 

"  If  I  were  writing  to  some  folks,  prudence  would  tell  me 
to  be  more  straight-laced  :  but  I  know  upon  what  ground 
I  stand ;  and  professional  pride  shall  give  me  no  uneasi 
ness,  while  you  continue  to  turn  it,  with  Satan  behind 
your  back. 

"  Yours,  truly, 

"JOHN  JAY." 

Mr.  Kissam's  reply  to  this  letter  proves  that  its  freedom 
was  warranted,  by  the  grounds  on  which  he  had  thought 
proper  to  place  his  intercourse  with  his  young  friend. 

"  DEAR  SIR, 

"  I  just  now  received  your  long  letter  of  the  12th  inst., 
and  am  not  a  little  pleased  with  the  humour  and  freedom 
of  sentiment  which  characterize  it.  It  would  give  me 
pain  if  I  thought  you  could  even  suspect  me  capable  of 
wishing  to  impose  any  restraint  upon  you,  in  this  high  and 
inestimable  privilege  of  friendship.  Because  I  can  see  no 
reason  why  the  rights  of  one  relation  in  life  should  destroy 


20  LIFE    OP   JOHN   JAY. 

those  of  another,  I  detest  that  forbidding  pride  which,  with 
formal  ceremony,  can  stalk  over  the  social  rights  of  others, 
and  elevate  the  soul  in  a  vain  conceit  of  its  own  dignity 
and  importance  ;  founded  merely  in  some  adventitious  cir 
cumstance  of  relative  superiority.  Take  this,  therefore,  if 
you  please,  as  a  nolli  prosequi  for  the  heinous  crime  of 
writing  a  free  and  familiar  letter  to  me ;  with  this  further, 
that  whenever  you  transgress  in  the  other  extreme,  you 
must  not  expect  to  meet  with  the  same  mercy. 

"  I  really  believe,  Jay,  your  pen  was  directed  by  the 
rapid  whirl  of  imagination ;  nay,  I  am  convinced  that  this 
whirl  was  begun,  continued,  and  ended  with  a  strong  tide. 
I  can't  help  conceiving  it  under  the  idea  of  a  mill-tide, 
which  keeps  the  wheels  in  a  quick  rotation,  save  only  with 
this  difference,  that  the  motion  of  that  is  uniform,  yours 
irregular — an  irregularity,  however,  that  bespeaks  the 
grandeur,  not  the  meanness  of  the  intellectual  source  from 
whence  the  current  flows.  I  will  now  explain  to  you  what 
I  meant  by  asking  how  business  went  in  the  office.  And 
first,  negatively,  I  did  not  want  a  list  or  the  number  of  the 
new  causes  ;  neither  was  I  anxious  to  know  how  often  you 
visited  the  office.  Bat,  as  a  regard  to  your  modesty  on  the 
one  hand,  and  your  veracity  on  the  other,  has  induced  you 
to  evade  an  answer  to  the  last,  I  will,  nevertheless,  solve 
the  dilemma  for  you  by  saying,  that  I  believe  you  have  too 
much  veracity  to  assume  a  false  modesty,  and  that  you  are 
too  honest  to  declare  an  untruth.  And,  as  you  have  left 
me  between  two  extremes,  I  shall  take  the  middle  way ; 
and  do  suppose  that,  upon  the  whole,  you  attend  the  office 
as  much  as  you  ought  to  do  ;  so  that  you  see  I  save  both 
your  modesty  and  veracity,  and  answer  the  question  as 
you  state  it  into  the  bargain. 

"  But,  affirmatively,  I  am  to  tell  you,  that  I  did  mean  to 
ask  in  general,  whether  my  business  decreased  much  by 
my  absence ;  and  whether  my  returns  at  the  last  term 
were  pretty  good ;  and  whether  care  has  been  taken  to  put 


LIFE   OF  JOHN   JAY.  21 

that  business  forward  as  much  as  "possible.  I  conclude, 
however,  that  though  you  did  not  take  me,  as  the  Irishman 
said,  yet  these  things  have  been  properly  attended  to. 

"  Here  we  are,  and  are  likely  to  be  so,  I  am  afraid,  these 
ten  days.  There  are  no  less  than  forty-seven  persons 
charged,  all  upon  three  several  indictments,  with  the  mur 
der  of  those  persons  who  lost  their  lives  in  the  affray  with 
the  sheriff.  Four  or  five  of  them  are  in  jail,  and  will  be 
tried  this  day :  what  their  fate  will  be,  God  only  knows ; 
it  is  terrible  to  think  that  so  many  lives  should  be  at  stake 
upon  the  principles  of  a  constructive  murder :  for  I  sup 
pose  that  the  immediate  agency  of  but  a  very  few  of  the 
party  can  be  proved. 

"  I  am,  your  affectionate  friend, 

"  BENJAMIN  KISSAM. 
[^  « Albany,  the  25th  August,  1766." 

On  commencing  his  clerkship,  he  asked  his  father's  per 
mission  to  keep  a  riding  horse.  His  prudent  parent  hesi 
tated,  and  remarked  that  horses  were  seldom  eligible  com 
panions  for  young  men ;  adding,  "  John,  why  do  you  want 
a  horse  ?"  "  That  I  may  have  the  means,  sir,  of  visiting 
you  frequently,''  was  the  reply ;  and  it  removed  every 
objection.  The  horse  was  procured ;  and  during  the  three 
years  of  his  clerkship,  Mr.  Jay  made  it  a  rule  to  pass  one 
day  with  his  parents  at  Rye  every  fortnight. 

In  1768  Mr.  Jay  was  admitted  to  the  bar,  and  almost 
immediately  acquired  an  extensive  and  lucrative  practice. 
Of  the  opinion  entertained  of  his  talents  by  his  late  master, 
the  following,  addressed  to  him  at  the  White  Plains  Court, 
is  both  a  pleasant  and  an  honourable  testimony. 

"  DEAR  JACK, 

"  When  you  consider  that  all  the  causes  you  have  hitherto 
tried  have  been  by  a  kind  of  inspiration,  you  will  need  only 


22  LIFE   OF  JOHN   JAY. 

a  small  degree  of  enthusiasm  to  be  persuaded  that  my 
lameness  is  a  providential  mercy  to  you,  by  calling  you  to 
action  again.  If  it  was  not  for  you,  or  some  other  such 
apostolic  lawyer,  my  clients  would  be  left  in  the  lurch  this 
court,  as  I  am  afraid  I  cannot  attend  myself.  But,  sir,  you 
have  now  a  call  to  go  forth  into  my  vineyard ;  and  this 
you  must  do,  too,  upon  an  evangelical  principle — that  the 
master  may  receive  the  fruits  of  it.  All  I  can  tell  you  about 
the  causes  is  little  more  than  to  give  you  a  list  of  their  titles ; 
but  this  is  quite  enough  for  you.  One  is  about  a  horse-race, 
in  which  I  suppose  there  is  some  cheat ;  another  is  about 
an  eloped  wife  ;  another  of  them  also  appertains  unto  horse 
flesh.  These  are  short  hints  ;  they  may  serve  for  briefs. 
If  you  admire  conciseness,  here  you  have  it.  There  is  one 
writ  of  inquiry. 

"  As  to  the  cause  about  Captain's  island,  this,  tell  Mr. 
Morris,  must  go  off.  Because,  as  you  are  concerned  against 
me,  I  can't  tell  where  to  find  another  into  whose  head  the 
cause  can  be  infused  in  the  miraculous  way  of  inspiration  ; 
and  without  this  it  would  rather  be  too  intricate  for  any  one 
to  manage  from  my  short  hints.  There  will  probably  be 
some  of  my  old  friends,  who  may  inquire  after  me,  and  per 
haps  some  new  ones  will  want  to  employ  me  :  will  you 
be  kind  enough  to  let  them  know  that  you  will  take  care  of 
any  business  for  me.  I  ask  these  favours  from  you,  John, 
with  great  freedom.  I  wish  you  good  success  with  my 
consignments,  and  hope  they'll  come  to  a  good  market.  If 
they  don't,  I  am  sure  it  will  not  be  the  factor's  fault ;  and  if 
my  clients'  wares  are  bad,  let  them  bear  the  loss. 

"  You  will  see  my  docket,  with  memoranda  ta  direct 
what  is  to  be  done.  If  my  leg  is  better,  perhaps  I  may  see 
you  on  Wednesday  ;  but  it  is  very  uncertain.  Where 
Mr.  Morris  is  not  against  me,  I  am  sure  he  will  be  with  me ; 
and  you  may  call  on  him  for  that  purpose  with  as  much 
freedom  as  if  I  had  a  perfect  right  to  command  his  service. 


LIFE    OF   JOHN   JAY.  23 

I  know  the  goodness  of  his  heart ;  and  his  friendship  for  me 
will  make  him  embrace  every  opportunity  to  serve  me  with 
pleasure. 

"  I  am,  your  humble  servant, 

"  BENJ.  KISSAM. 
«  New-York,  6th  Nov.  1769." 

It  sometimes  happened  that  Mr.  Jay  and  Mr.  Kissam 
were  engaged  on  opposite  sides  in  the  same  cause  ;  and  on 
one  of  these  occasions,  the  latter  being  embarrassed  by 
some  position  taken  by  the  other,  pleasantly  remarked  in 
court,  that  he  had  brought  up  a  bird  to  pick  out  his 
own  eyes.  "  Oh  no,"  retorted  his  opponent,  "  not  to  pick 
out,  but  to  open  your  eyes." 

Mr.  Jay's  devotion  to  his  profession,  before  long,  began 
to  affect  his  health,  and  his  physician  advised  him  to  take 
exercise,  as  indispensable  to  its  recovery.  This  advice 
was  followed  with  characteristic  energy  and  perseverance. 
He  took  lodgings  six  miles  from  his  office,  and  for  a  whole 
season  came  to  town  every  morning  on  horseback,  and 
returned  in  the  evening.  The  experiment  was  attended 
with  complete  success. 

On  commencing  practice,  he  entered  into  partnership 
with  his  relative,  Robert  R.  Livingston,  Esq.,  afterward 
chancellor  of  the  State  of  New- York.  The  connexion, 
however,  was  soon  dissolved ;  probably,  because  they  dis 
covered  that  their  separate  efforts  could  command  an  ade 
quate  share  of  business. 

Commissioners  having  been  named  by  the  king  to  settle 
the  disputed  boundary  between  New-Jersey  and  New- 
York,  Mr.  Jay  was  appointed  secretary  to  the  commis 
sion  ;  a  situation  that  for  a  while  exacted  from  him  a  large 
portion  both  of  time  and  labour. 

In  1774,  Mr.  Jay  was  married  to  Sarah,  the  youngest 
daughter  of  William  Livingston,  Esq.,  afterward  for  many 
years  governor  of  New-Jersey,  and  a  zealous  and  distin- 


24  LIFE   OF   JOHN  JAY. 

guished  patriot  of  the  revolution.  His  prospects  of  domes 
tic  happiness  and  professional  eminence  were  now  unusually 
bright ;  but  they  were  soon  clouded  by  the  claims  of  his 
country,  which  called  him  from  the  bar,  and  the  endear 
ments  of  home,  to  defend  her  rights  in  the  national  coun 
cils,  and  at  foreign  courts. 

The  passage  of  the  Boston  port  Bill,  on  the  31st  of 
March,  1774,  disclosed  to  the  American  people  the  vindic 
tive  feelings  of  the  British  ministry,  and  taught  them  that 
a  prompt  and  vigorous  resistance  to  oppression  could  alone 
preserve  their  freedom.  The  news  of  this  act  excited  uni 
versal  alarm.  A  meeting  of  the  citizens  of  New- York  was 
assembled  on  the  16th  of  May,  to  "  consult  on  the  measures 
proper  to  be  pursued  in  consequence  of  the  late  extraor 
dinary  advices  received  from  England."  The  meeting 
nominated  a  committee  of  fifty  "  to  correspond  with  our 
sister  colonies  on  all  matters  of  moment."  This  committee 
was  the  first  body  organized  in  the  colony,  in  opposition  to 
the  measures  which  resulted  in  the  American  revolution. 
Mr.  Jay  was  one  of  the  committee,  and  was  immediately 
placed  on  a  sub-committee  appointed  to  prepare  answers 
to  whatever  letters  might  be  received.  The  committee 
had  soon  an  extensive  correspondence ;  and  their  sittings 
were  frequent,  and  with  closed  doors.  The  minutes  of 
this  committee  are  still  extant,*  and  form  an  historical 
document  of  no  ordinary  interest. 

On  the  23d  of  May,  the  sub-committee  reported  the 
draught  of  an  answer  to  a  letter  received  from  a  com 
mittee  at  Boston.  The  answer  was  adopted,  and  copies 
of  it  ordered  to  be  forwarded  to  Connecticut,  Philadelphia, 
and  South  Carolina.  The  following  extract  from  this  let 
ter,  which  was  probably  from  the  pen  of  Mr.  Jay,  is  interest 
ing,  as  it  contains  the  first  proposition  that  was  made  for 
convoking  a  general  congress  to  consider  the  present  state 

*  They  are  preserved  in  the  Library  of  the  New- York  Historical  Society. 


LIFE   OF   JOHN   JAY.  25 

of  affairs.  The  members  of  the  Virginia  House  of  Bur 
gesses  had  indeed,  three  days  before,  recommended  the  more 
general  measure  of  an  agreement  among  the  colonies  for 
the  annual  appointment  of  delegates,  who  were  to  meet  and 
deliberate  on  their  common  interests.  This  recommenda 
tion  had  not,  of  course,  reached  the  New- York  Committee, 
who,  in  their  letter  to  their  friends  in  Boston,  observed, 

"  Your  letter  enclosing  the  vote  of  the  town  of  Boston  and 
the  letter  of  your  Committee  of  Correspondence  were  imme 
diately  taken  into  consideration.  While  we  think  you  justly 
entitled  to  the  thanks  of  your  sister  colonies  for  asking  their 
advice  on  a  case  of  such  extensive  consequences,  we  lament 
our  inability  to  relieve  your  anxiety  by  a  decisive  opinion. 
The  cause  is  general,  and  concerns  a  whole  continent  who 
are  equally  interested  with  you  and  us ;  and  we  foresee 
that  no  remedy  can  be  of  avail  unless  it  proceeds  from  the 
joint  act  and  approbation  of  all.  From  a  virtuous  and 
spirited  union  much  may  be  expected,  while  the  feeble  efforts 
of  a  few  will  only  be  attended  with  mischief  and  disappoint 
ment  to  themselves  and  triumph  to  the  adversaries  of  liberty. 

"  Upon  these  reasons  we  conclude,  that  a  CONGRESS  OF 
DEPUTIES  FROM  THE  COLONIES  IN  GENERAL  is  of  the  utmost 
moment ;  that  it  ought  to  be  assembled  without  delay,  and 
some  unanimous  resolutions  formed  in  this  fatal  emergency, 
not  only  respecting  your  deplorable  circumstances,  but  for 
the  security  of  our  common  rights.)  Such  being  our  senti 
ments,  it  must  be  premature  to  pronounce  any  judgment  on 
the  expedient  which  you  have  suggested.  We  beg,  how 
ever,  that  you  will  do  us  the  justice  to  believe  that  we  shall 
continue  to  act  with  a  firm  and  becoming  regard  to  Ameri 
can  freedom,  and  to  co-operate  with  our  sister  colonies  in 
every  measure  that  shall  be  thought  salutary  and  conducive 
to  the  public  good.  We  have  nothing  to  add,  but  that  we  sin 
cerely  condole  with  you  in  your  unexampled  distress,  and 
to  request  your  speedy  opinion  of  the  proposed  Congress, 

VOL.  I. E 


26  LIFE    OF   JOHN    JAY. 

that  if  it  should  meet  with  your  approbation  we  may  exert 
our  utmost  endeavours  to  carry  it  into  execution." 

On  the  7th  June  a  second  letter  was  addressed  to  the  Bos 
ton  Committee,  requesting  them  to  appoint  the  time  and 
place  for  the  assembling  of  the  proposed  Congress.  The 
New- York  Committee,  on  the  4th  of  July,  resolved  that  dele 
gates  ought  to  be  appointed  to  represent  the  city  in  a  general 
Congress,  whenever  it  should  be  holden ;  and  they  advised 
the  citizens  to  meet  on  the  19th  of  the  same  month,  to  elect 
their  delegates ;  at  the  same  time  recommending  to  their 
suffrages  five  gentlemen,  of  whom  Mr.  Jay  was  one. 

At  this  period  a  diversity  of  sentiment  prevailed  among  the 
whigs  in  New- York.  A  majority  of  the  committee  were  in 
favour  of  referring  all  important  measures  to  the  proposed 
Congress ;  while  a  portion  of  their  constituents,  whose  zeal 
exceeded  their  prudence,  were  desirous  of  immediate  resist 
ance  and  retaliation,  and  were  clamorous  for  a  non-impor 
tation  agreement,  without  waiting  for  the  opinion  or  con 
cert  of  the  other  provinces.  The  meeting  on  the  19th  of 
July,  called  by  the  committee,  was  chiefly  attended  by  this 
party ;  and  although  the  candidates  nominated  by  the  com 
mittee  were  chosen,  certain  resolutions  proposed  by  the  com 
mittee  were  rejected,  and  persons  were  appointed  to  draft 
others  more  in  unison  with  the  temper  of  the  meeting.  Mr. 
Jay,  who  seems  to  have  possessed  the  confidence  of  both  par 
ties,  was  one  of  those  selected  to  prepare  the  new  resolu 
tions.  To  the  official  notice  of  his  appointment  he  returned, 
in  conjunction  with  three  others,  the  following  reply : 

"  GENTLEMEN, 

"  We  have  received  your  notice  to  attend  the  committee 
appointed  yesterday  to  draw  up  resolves  for  the  city.  When 
we  consider  that  the  appointment  of  this  committee  was 
proposed  and  carried  without  any  previous  notice  of  such 
design  having  been  given  to  the  inhabitants,  and  made  no 


LIFE    OF   JOHN   JAY.  27 

•.  *** ' 

part  of  the  business  for  which  they  were  requested  to  assem 
ble,  we  think  ou,r  election  too  irregular  to  assume  any 
authority  in  consequence,  to  draw  resolves  for  the  town ; 
especially  as  the  nomination  of  the  committee  seems  to  cast 
an  invidious  reflection  on  the  Committee  of  Correspondence, 
and  manifestly  tends  to  divide  the  citizens  into  factions  and 
parties,  at  a  time  when  they  should  be  distinguished  by  con 
cord  and  unanimity.  Besides,  we  conceive  our  attendance 
could  answer  no  good  purpose,  nor  afford  you  any  assist 
ance.  The  resolves  read  yesterday,  with  a  few  amend 
ments,  contain  our  sentiments.  We  are,  gentlemen, 

"  Your  obdt.  servts." 

The  resolutions  proposed  by  the  committee  contained  the 
following,  which  led  to  their  rejection. 

"  Resolved,  That  as  the  wisdom  of  the  colonies  will  in  all 
probability  be  collected  at  the  proposed  Congress,  it  would 
be  premature  in  any  colony  to  anticipate  their  conduct  by 
resolving  what  ought  to  be  done  ;  but  that  it  should  be  left  to 
the  joint  counsels  to  determine  on  the  mode  which  shall 
appear  most  salutary  and  effectual  to  answer  the  good  pur 
poses  for  which  they  are  convened. 

"  Resolved,  That  nothing  less  than  dire  necessity  can  jus 
tify  or  ought  to  induce  the  colonies  to  unite  in  any  measure 
that  might  materially  injure  our  brethren  the  manufacturers, 
traders,  and  merchants  of  Great  Britain ;  but  that  the  pre 
servation  of  our  inestimable  rights  and  liberties,  as  enjoyed 
and  exercised  and  handed  down  to  us  by  our  ancestors, 
ought  to  supersede  all  other  considerations." 

As  already  mentioned,  the  meeting  consisted  chiefly  of 
the  violent  party,  and  not  being  a  fair  representation  of  the 
city,  Mr.  Jay,  and  two  others  of  the  delegation  appointed 
by  it,  the  next  day  published  the  following  card : 

"  We  conceive  the  sense  of  our  fellow-citizens,  relative 
to  the  delegates  to  represent  them  at  the  proposed  Congress 
(notwithstanding  the  proceedings  yesterday  at  the  coffee- 


28  LIFE    OF    JOHN    JAY. 

house),  remains  so  uncertain,  that  until  the  sentiments  of  the 
town  are  ascertained  with  greater  precision,  we  can  by  no 
means  consider  ourselves  or  any  others  nominated  as  dele 
gates,  duly  chosen,  or  authorized  to  act  in  so  honourable 
and  important  a  station." 

A  new  election  was  thus  rendered  necessary ;  and  it 
being  thought  advisable  to  hold  it  with  more  formality  than 
the  last,  the  committee  recommended  that  a  poll  should  be 
held  on  the  28th  July,  and  that  all  who  paid  taxes  should 
be  allowed  to  vote  ;  and  the  aldermen  and  common  council 
of  the  city  were  requested  to  preside  at  the  election. 

It  was  now  obvious,  that  no  non-importation  agreement 
would  be  generally  entered  into  before  the  meeting  of  Con 
gress,  and  without  the  recommendation  of  that  body. 
Hence  the  party  who  had  hitherto  insisted  on  the  immediate 
adoption  of  this  measure  without  the  concert  of  the  other 
colonies,  were  now  anxious  to  secure  a  delegation  favour 
able  to  their  views.  A  meeting  of  the  party  was  held,  and 
a  committee  appointed  to  procure  from  Mr.  Jay  and  the 
other  candidates  a  pledge,  that  if  elected,  they  would  use 
their  endeavours  in  favour  of  a  non-importation  agreement, 
informing  them  at  the  same  time,  that  unless  they  would 
give  this  pledge,  other  candidates  would  be  supported  in 
opposition  to  them. 

To  this  they  replied : 

"  GENTLEMEN, 

"  Should  we  become  your  delegates,  we  beg  leave  to 
assure  you  that  we  will  use  our  utmost  endeavours  to  carry 
every  measure  into  execution  at  the  proposed  Congress 
that  may  then  be  thought  conducive  to  the  general  interest 
of  the  colonies  ;  and  at  present  are  of  opinion  that  a 
general  non-importation  agreement,  faithfully  observed, 
would  prove  the  most  efficacious  means  to  procure  a 
redress  of  grievances.  Permit  us  to  add,  that  we  are  led 
to  make  this  declaration  of  our  sentiments,  because  we 


LIFE    OF   JOHN   JAY.  29 

think  it  RIGHT  ;  and  not  as  an  inducement  to  be  favoured 
with  your  votes :  nor  have  we  the  least  objection  to  your 
electing  any  gentlemen   as  your  delegates  in  whom  you 
think  you  can  repose  more  confidence  than  in 
"  Your  humble  servants, 

"  PHILIP  LIVINGSTON, 
"  JOHN  ALSOP, 
"  ISAAC  Low, 
"JoHN  JAY." 

As  to  the  expediency  of  a  non-importation  agreement, 
Congress  and  their  constituents  unfortunately  laboured 
under  a  fatal  mistake.  They  anticipated  at  this  period,  not 
a  long  and  disastrous  war,  but  rather  a  contest  of  commer 
cial  restrictions.  Instead,  therefore,  of  opening  their  ports, 
and  hastily  laying  in  large  supplies,  both  of  the  necessaries 
of  life  and  the  munitions  of  war,  they  adopted  a  system  of 
the  most  rigid  self-denial,  and  discovered,  when  too  late,  that 
they  had  rendered  the  country  almost  totally  destitute  of 
military  stores,  and  of  those  articles  which  the  wants  and 
customs  of  society  render  important,  but  which  at  that 
time  could  only  be  procured  from  abroad.  Whether  the 
answer  of  the  candidates  proved  satisfactory  or  not,  or 
whether  it  was  discovered  that  opposition  would  be 
unavailing,  is  now  unknown.  The  candidates  were  elected 
by  a  unanimous  vote. 

The  situation  of  delegate  to  the  Continental  Congress,  a 
body  unknown  to  the  laws,  and  convened  in  opposition  to 
the  wishes  and  influence  of  the  royal  governors,  and  for 
the  purpose  of  counteracting  the  designs  of  government, 
seems  not  to  have  been  generally  coveted.  Every  county 
in  the  colony  had  the  same  right  to  send  delegates  to  the 
Congress  as  the  city  and  county  of  New- York,  yet  Suffolk, 
Orange,  and  Kings  were  the  only  ones  which  exercised 
it.  The  towns  of  Kingston,  New- Windsor,  Bedford,  White 
Plains,  Mamaroneck,  Poughkeepsie,  and  the  city  of  Albany 


30  LIFE    OF   JOHN    JAY. 

authorized  the  New- York  delegation  to  act  for  them  :  the 
rest  of  the  colony  was  unrepresented. 

Mr.  Jay  took  his  seat  in  Congress,  at  Philadelphia,  on 
the  5th  of  September,  1774,  being  the  first  day  of  its  ses 
sion.  He  was  in  the  twenty -ninth  year  of  his  age,  and  it 
is  believed,  the  youngest  member  of  the  House.  He  sur 
vived  all  his  colleagues  several  years. 

The  first  act  of  Congress  was  to  appoint  a  committee 
"  to  state  the  rights  of  the  colonies  in  general ;  the  several 
instances  in  which  those  rights  are  violated  or  infringed ; 
and  the  means  most  proper  to  be  pursued  for  obtaining  a 
restoration  of  them."  Mr.  Jay  was  placed  on  this  com 
mittee  ;  and  soon  after  on  a  committee  for  drafting  an 
address  to  the  people  of  Great  Britain,  and  a  memorial  to 
the  people  of  British  America.  The  address  to  the  people 
of  Great  Britain  was  assigned  by  the  committee  to  Mr. 
Jay.  The  occasion,  the  subject,  his  own  youth,  and  this 
his  first  appearance  in  the  national  councils,  all  united  in 
demanding  from  him  the  utmost  exertion  of  his  powers. 
To  secure  himself  from  interruption,  he  left  his  lodgings, 
and  shut  himself  up  in  a  room  in  a  tavern ;  and  there  com 
posed  that  celebrated  state-paper;  not  less  distinguished 
for  its  lofty  sentiments,  than  for  the  glowing  language  in 
which  they  are  expressed.*  The  address  was  reported  by 
the  committee,  and  adopted  by  Congress,  and  immediately 
led  to  much  inquiry  and  discussion  respecting  the  author. 
Mr.  Jefferson,  while  still  ignorant  of  the  author,  declared 
it  to  be  "  a  production  certainly  of  the  finest  pen  in 
America."! 

Congress  terminated  its  labours  in  about  six  weeks ;  and 
in  this  brief  period,  Mr.  Jay  had  acquired  the  confidence 
of  his  countrymen  by  the  ability  and  zeal  he  had  manifested 
in  their  service. 

One  of  the  acts  of  Congress   was   to  recommend   the 

*  See  Appendix.  t  Jefferson's  Writings,  vol.  i.  p.  8. 


LIFE    OF   JOHN   JAY.  31 

appointment  of  town  and  county  committees,  for  the  pur 
pose  of  carrying  into  effect  the  non-importation  and  non- 
consumption  association ;  and  exposing  to  the  public  indig 
nation  the  persons  who  might  violate  it.  In  consequence 
of  this  recommendation,  the  New- York  Committee  of  Cor 
respondence  called  on  the  citizens  to  elect  "  a  Committee  of 
Observation,"  and  thereupon  dissolved.  The  new  commit 
tee,  which  consisted  of  sixty,  was  chosen  the  18th  Novem 
ber,  and  included  Mr.  Jay  among  its  members. 

The  late  Congress  had  made  provision  for  the  meeting  of 
another  on  the  10th  of  May  in  the  ensuing  year.  The  New- 
York  Committee  again  took  measures  to  secure  the  election 
of  delegates,  but  as  the  mode  before  adopted  had  resulted  in 
only  a  partial  representation  of  the  colony,  the  committee 
now  advised  the  counties  to  elect  deputies  to  a  Provincial 
Convention,  to  assemble  in  New- York  on  the  20th  April,  for 
the  sole  purpose  of  choosing  delegates  to  Congress.  The 
convention  accordingly  met,  and  Mr.  Jay  appeared  in  it  as  a 
deputy  from  the  city  ;  and  was  chosen  a  delegate  to  Congress. 

The  Committee  of  Observation  was  appointed  for  the 
purpose  of  carrying  into  effect  the  measures  proposed  for 
interrupting  the  commerce  of  Great  Britain  with  her  colo 
nies.  But  it  was  soon  discovered  that  the  exigences  of 
the  times  required  attention  to  other  objects;  and  that  the 
powers  of  the  committee  were  too  limited  to  make  proper 
provision  for  the  safety  of  the  city.  The  committee,  there 
fore,  advised  their  fellow-citizens  to  elect  in  their  stead  a 
more  numerous  committee,  and  with  general  powers.  But 
whatever  might  be  the  powers  of  the  New-York  Commit 
tee,  it  would  still  be  only  a  local  committee,  incapable  of 
exerting  through  the  colony  a  general  and  harmonious 
authority,  claiming  the  confidence  and  obedience  of  all. 
The  Legislature  being,  from  various  causes,  under  the 
influence  of  the  royal  government  and  its  adherents,  no 
longer  represented  the  sentiments  of.  the  people  :  under 
these  circumstances,  the  New- York  Committee  advised  the 


32  LIFE    OF   JOHN    JAY. 

counties  to  elect  deputies  to  a  Provincial  Congress,  to 
assemble  on  the  22d  of  May.  Both  the  recommendations 
of  the  committee  were  adopted.  The  city  of  New- York, 
on  the  28th  of  April,  appointed  a  "  Committee  of  Asso 
ciation"  consisting  of  one  hundred,  and  invested  them  with 
general  undefined  powers.  Mr.  Jay  was  the  third  time 
appointed  to  represent  his  fellow-citizens  in  their  city  com 
mittee.  The  Provincial  Congress  convened  in  New- York 
on  the  28th  of  May,  and  immediately  assumed  the  functions 
of  the  Legislature. 

The  new  committee  evinced  by  the  energy  of  their 
measures  that  they  were  not  unmindful  of  the  object  of 
their  appointment.  They  called  on  the  citizens  to  arm,  and 
to  perfect  themselves  in  military  discipline.  They  likewise 
ordered  the  militia  to  patrol  the  streets  at  night,  to  prevent 
the  exportation  of  provisions.  The  Provincial  Congress 
had  not  yet  assembled,  and,  in  the  absence  of  all  legal 
authority,  the  committee  was  the  only  body  that  could 
assume  the  responsibility  of  such  high-toned  measures. 
The  committee,  moreover,  addressed  a  spirited  letter  to 
the  lord  mayor  and  magistrates  of  London,  praying  them 
to  use  their  endeavours  for  the  redress  of  American  griev 
ances.  This  letter  bore  Mr.  Jay's  signature. 

On  the  10th  May,  1775,  the  second  Congress  assembled  at 
Philadelphia,  and  with  the  exception  of  a  recess  during  the 
month  of  August,  continued  in  session  during  the  remainder 
of  the  year.  The  measures  of  this  Congress  were  of  the 
most  decided  character,  and  although  they  were  not  aimed 
at  independence,  they  evinced  an  inflexible  resolution  to 
maintain  constitutional  liberty  at  every  hazard.  The 
battle  of  Lexington,  which  had  occurred  shortly  before 
the  meeting  of  Congress,  disclosed  the  design  of  the  British 
ministry  to  employ  force  where  they  might  think  it  neces 
sary  ;  and  Congress  were  thus  compelled  to  consider  the 
momentous  question,  whether  the  people  of  America  should 
take  up  arms  against  their  sovereign  in  defence  of  their 


LIFE    OP   JOHN   JAY.  33 

rights.  This  question  was  soon  brought  to  a  decision,  by 
an  application  from  the  New- York  delegates  for  the  advice 
of  Congress,  as  to  the  conduct  proper  to  be  observed  by  the 
citizens  of  New- York  on  the  expected  arrival  of  a  British 
armament  at  that  place.  On  the  1 5th  May,  Congress  recom 
mended  to  the  citizens  of  New-York  not  to  commence 
hostilities,  but  to  repel  force  by  force,  and  not  to  permit  the 
British  to  erect  fortifications,  or  to  cut  off  the  communication 
between" the  town  and  country.  But  it.  soon  became  evident 
that  in  order  to  act  successfully,  even  on  the  defensive,  an 
organized  force  would  be  requisite  ;  and  Congress  proceeded 
to  take  measures  for  raising  an  army,  and  adopted  a  code 
of  "Rules  and  Regulations  of  the  American  army."  It  is 
pleasing  to  observe  the  regard  for  religion  and  morality 
manifested  in  this  code.  The  officers  and  soldiers  were 
earnestly  exhorted  diligently  to  attend  Divine  worship ; 
penalties  were  provided  for  such  as  should  use  profane 
oaths  ;  and  duels  were  expressly  prohibited.  In  a  subse 
quent  period  of  the  session,  rules  and  regulations  were 
established  for  the  navy  of  the  United  Colonies  ;  and  every 
commander  was  enjoined  to  have  Divine  service  performed 
twice  a  day  on  board  his  vessel,  and  a  sermon  preached 
every  Sunday. 

On  the  15th  June,  Washington  was  chosen  commander- 
in-chief,  and  a  few  days  after,  the  subordinate  generals  were 
appointed.  These  officers  were  selected  from  different 
parts  of  the  continent,  and  it  was  thought  expedient  to  take 
a  brigadier  from  New-Hampshire  ;  but  Congress  were 
unacquainted  with  any  military  gentleman  from  that  colony 
fit  for  the  station.  In  this  dilemma  Mr.  Jay  nominated  Mr. 
John  Sullivan,  a  delegate  in  Congress  from  New-Hamp 
shire, — saying  that  his  good  sense  was  known  to  the  house, 
and  as  to  his  military  talents,  he  would  take  his  chance  for 
them.  The  nomination  was  confirmed,  and  the  discern 
ment  which  prompted  it  was  abundantly  justified  by  General 
Sullivan's  active  and  useful  career. 

VOL.  I. F 


34  LIFE    OP  JOHN   JAY. 

, 

Fully  sensible  of  the  important  aid  which  Canada  might 
yield  to  either  side  in  the  approaching  contest,  Congress 
deemed  it  prudent  to  address  its  inhabitants.  This  address 
was  written  by  Mr.  Jay. 

"  When  hardy  attempts,"  says  the  address,  "  are  made  to 
deprive  men  of  rights  bestowed  by  the  Almighty ;  when 
avenues  are  cut  through  the  most  solemn  compacts  for  the 
admission  of  despotism  ;  when  the  plighted  faith  of  govern 
ment  ceases  to  giv«  security  to  dutiful  subjects ;  and  when 
the  insidious  stratagems  and  manoeuvres  of  peace  become 
more  terrible  than  the  sanguinary  operations  of  war,  it  is  high 
time  for  them  to  assert  those  rights,  and  with  honest  indig 
nation  oppose  the  torrent  of  oppression  rushing  in  upon  them. 

"  By  the  introduction  of  your  present  form  of  government, 
or  rather  present  form  of  tyranny,  you  and  your  wives  and 
your  children  are  made  slaves.  You  have  nothing  that  you 
can  call  your  own,  and  all  the  fruits  of  your  labour  and 
industry  may  be  taken  from  you  whenever  an  avaricious 
governor  and  a  rapacious  council  may  incline  to  demand 
them.  You  are  liable  by  their  edicts  to  be  transported  into 
foreign  countries,  to  fight  battles  in  which  you  have  no 
interest,  and  to  spill  your  blood  in  conflicts  from  which 
neither  honour  nor  emolument  can  be  derived.  Nay,  the 
enjoyment  of  your  very  religion,  on  the  present  system, 
depends  on  a  legislature  in  which  you  have  no  share,  and 
over  which  you  have  no  control ;  and  your  priests  are 
exposed  to  expulsion,  banishment,  and  ruin,  whenever  their 
wealth  and  possessions  furnish  sufficient  temptation. 

"We  arc  informed  you  have  already  been  called  upon  to 
waste  your  lives  in  a  contest  with  us.  Should  you,  by  com 
plying  in  this  instance,  assent  to  your  new  establishment,  and 
war  break  out  with  France,  your  wealth  and  your  sons  may 
be  sent  to  perish  in  expeditions  against  their  islands  in  the 
West  Indies. 

"  It  cannot  be  presumed  that  these  considerations  will 
have  no  weight  with  you,  or  that  you  are  so  lost  to  all  sense 


LIFE    OP   JOHN   JAY.  35 

of  honour.  We  can  never  believe  that  the  present  race  of 
Canadians  are  so  degenerated  as  to  possess  neither  the  spirit, 
the  gallantry,  nor  the  courage  of  their  ancestors. 

"  We,  for  our  parts,  are  determined  to  live  free,  or  not  at 
all ;  and  we  are  resolved  that  posterity  shall  never  reproach 
us  with  having  brought  slaves  into  the  world. 

"  As  our  concern  for  your  welfare  entitles  us  to  your 
friendship,  we  presume  you  will  not,  by  doing  us  an  injury, 
reduce  us  to  the  disagreeable  necessity  of  treating  you  as 
enemies." 

To  defray  the  expense  of  the  army,  bills  to  the  amount 
of  two  millions  of  dollars  were  issued  on  the  faith  and  credit 
of  the  twelve  confederated  colonies,  Georgia  being  not  yet 
represented  in  Congress. 

On  the  6th  July,  Congress  published  a  very  able  DECLARA 
TION,  "  setting  forth  the  causes  and  necessity  of  their  taking 
arms."  Mr.  Jay  was  a  member  of  the  committee  by  whom 
this  declaration  was  prepared,  but  it  is  not  now  known  from 
whose  pen  it  proceeded.  The  following  assertions  in  this 
declaration  were  made  in  perfect  good  faith,  and  exhibit  in 
a  strong  light  the  infatuation  of  the  British  ministry,  who 
compelled  a  loyal  people  reluctantly  to  abjure  for  ever  their 
allegiance  to  the  British  crown. 

"  Lest  this  declaration  should  disquiet  the  minds  of  our 
friends  and  fellow-subjects  in  any  part  of  the  empire,  we 
assure  them  that  we  mean  not  to  dissolve  that  union  which 
has  so  long  and  so  happily  subsisted  between  us,  and  which 
we  sincerely  wish  to  see  restored.  Necessity  has  not  yet 
driven  us  into  that  desperate  measure  ;  we  have  not  raised 
armies  with  ambitious  designs  of  separating  from  Great 
Britain,  and  establishing  independent  states.  In  our  na-Jve 
land,  in  defence  of  the  freedom  that  is  our  birthright,  and 
which  we  ever  enjoyed  till  the  late  violation  of  it — for  the 
protection  of  our  property,  acquired  solely  by  the  honest 
industry  of  our  forefathers  and  ourselves — against  violence 
actually  offered,  we  have  taken  up  arms.  We  shall  lay 


36  LIFE    OF   JOHN    JAY* 

them  down  when  hostilities  shall  cease  on  the  part  of  the 
aggressors,  and  all  danger  of  their  being  renewed  shall  be 
removed,  and  not  before." 

On  the  8th  July,  Congress  individually  signed  a  petition 
to  the  king.  This  measure  originated  with  Mr.  Jay,  and 
was  carried  by  him  against  a  very  strong  opposition  in 
Congress.  The  petition  from  the  last  Congress  had  been 
treated  with  insulting  neglect,  and  it  was  now  contended 
that  to  petition  a  second  time  would  be  inconsistent  with 
self-respect ;  and  although  no  regard  would  probably  be 
paid  to  the  petition,  yet  it  would  tend  to  excite  fallacious 
hopes  of  an  accommodation,  and  consequently  to  postpone 
the  necessary  preparations  for  a  contest  that  was  now 
inevitable.  Mr.  Jay,  however,  maintained,  that  if  the  people 
were  called  to  take  up  arms  against  their  sovereign,  they 
ought  to  be  persuaded  that  such  a  measure  was  unavoidable  ; 
and  should  it  be  found  necessary  hereafter  for  the  colonies 
to  separate  from  Britain,  the  conviction  that  no  proper 
efforts  to  prevent  such  an  event  had  been  omitted,  would 
reconcile  the  consciences  of  many  to  a  course  of  conduct 
which  would  otherwise  be  inconsistent  with  their  oaths  of 
allegiance.  The  arguments  of  Mr.  Jay  prevailed ;  and  a 
committee,  including  himself,  was  appointed  to  draught  the 
petition.  Mr.  Dickenson,  one  of  the  committee,  wrote  the 
petition.  It  was  ably  drawn,  and  well  calculated  to  allay 
the  resentment  which  the  late  proceedings  in  Congress  were 
likely  to  excite  in  those  who  entertained  exalted  opinions 
of  the  royal  prerogative.  The  petition  was  loyal  and 
respectful,  and  represented  the  people  of  America  as 
desirous  only  to  preserve  their  own  rights,  and  not  seeking 
to  invade  those  of  the  king  and  parliament. 

All  the  advantages  anticipated  by  Mr.  Jay  from  this 
measure  were  fully  realized ;  and  he  was  accustomed  to 
speak  of  the  auspicious  influence  it  exercised  on  the  Amer 
ican  revolution.  The  rejection  of  the  petition  left  no  other 
alternative  than  submission  or  resistance ;  and  numbers 


LIFE    OP   JOHN   JAY.  37 

acquiesced  in  the  declaration  of  independence  the  ensuing 
year,  as  an  act  of  necessity,  who  would  have  questioned  its 
lawfulness  had  not  the  experiment  of  accommodation  been 
fairly  and  fully  made. 

Congress  likewise  published  a  second  address  to  the 
people  of  Great  Britain,  disclaiming  any  wish  for  independ 
ence,  but  asserting  their  determination  to  resist  all  encroach 
ments  on  their  rights.  A  letter  was  also  addressed  to  the 
lord-mayor,  aldermen,  and  livery  of  London,  thanking  them 
for  the  interest  they  had  manifested  for  the  preservation  of 
American  liberty,  and  soliciting  the  continuance  of  their 
good  offices.  Congress  having  addressed  the  people  of 
Canada,  it  was  thought  proper  to  pay  the  same  attention  to 
their  fellow- subjects  of  Jamaica  and  Ireland.  The  latter 
address  was  written  by  Mr.  Jay,  at  the  request  of  his  father- 
in-law,  who  was  a  member  of  Congress  from  New- Jersey, 
and  one  of  the  committee  appointed  to  prepare  the  draught. 

The  address,  after  painting  in  glowing  colours  the  wrongs 
America  had  suffered,  mentioned  the  mild  measures  of 
resistance  adopted  by  the  colonies.  "  Congress  agreed  to 
suspend  all  trade  with  Great  Britain,  Ireland,  and  the  West 
Indies.  And  here  permit  us  to  assure  you,  that  it  was  with 
the  utmost  reluctance  we  could  prevail  upon  ourselves  to 
cease  our  commercial  connexion  with  your  island.  Your 
parliament  had  done  us  no  wrong.  You  had  ever  been 
friendly  to  the  rights  of  mankind ;  and  we  acknowledge 
with  pleasure  and  gratitude  that  your  nation  has  produced 
patriots  who  have  nobly  distinguished  themselves  in  the 
cause  of  humanity  and  America.  On  the  other  hand,  we 
were  not  ignorant  that  the  labour  and  manufactures  of 
Ireland,  like  those  of  the  silk- worm,  were  of  little  moment 
to  herself,  but  served  only  to  give  luxury  to  those  who 
neither  toil  nor  spin.  We  perceived  that  if  we  continued 
our  commerce  with  you,  our  agreement  not  to  import  from 
Britain  must  be  fruitless.  Compelled  to  behold  thousands 
of  our  countrymen  imprisoned,  and  men,  women,  and 


38  LIFE    OF   JOHN   JAY. 

children  in  promiscuous  and  unmerited  misery — when  we 
find  all  faith  at  an  end,  and  sacred  treaties  turned  into 
tricks  of  state — when  we  perceive  our  friends  and  kinsmen 
massacred,  our  habitations  plundered,  our  houses  in  flames, 
and  their  once  happy  inhabitants  fed  only  by  the  hand  of 
charity — who  can  blame  us  for  endeavouring  to  restrain 
the  progress  of  the  desolation  ?  Who  can  censure  us  for 
repelling  the  attacks  of  such  a  barbarous  band  ?  Who  in 
such  circumstances  would  not  obey  the  great,  the  universal, 
the  divine  law  of  self-preservation?  Though  vilified  as 
wanting  spirit,  we  are  determined  to  behave  like  men; 
though  insulted  and  abused,  we  wish  for  reconciliation ; 
though  defamed  as  seditious,  we  are  ready  to  obey  the  laws  ; 
and  though  charged  with  rebellion,  will  cheerfully  bleed  in 
defence  of  our  sovereign  in  a  righteous  cause.  What  more 
can  we  say — what  more  can  we  offer  ? 

"  We  know  that  you  are  not  without  your  grievances. 
We  sympathize  with  you  in  your  distress,  and  are  pleased 
to  find  that  the  design  of  subjugating  us  has  persuaded 
administration  to  dispense  to  Ireland  some  vagrant  rays  of 
ministerial  sunshine.  Even  the  tender  mercies  of  govern 
ment  have  long  been  cruel  towards  you.  In  the  fat  pastures 
of  Ireland  many  hungry  parricides  have  fed  and  grown 
strong  to  labour  in  her  destruction.  We  hope  the  patient 
abiding  of  the  meek  may  not  always  be  forgotten." 

Congress,  having  thus  taken  all  the  measures  dictated  by 
human  prudence,  submitted  their  cause  with  prayer  and 
fasting  to  HIM,  without  whose  blessing  the  wisdom  of  man 
is  folly,  and  his  strength  weakness.  The  20th  of  July, 
agreeably  to  a  previous  recommendation  of  Congress,  was 
observed  throughout  the  colonies  as  "a  day  of  public 
humiliation,  fasting,  and  prayer  ;"  and  Congress  in  a  body 
attended  Divine  service,  both  in  the  morning  and  afternoon, 
and  listened  to  sermons  from  preachers  whom  they  had 
requested  to  officiate  on  the  occasion. 

The  exposed  situation  of  New- York  had  induced  Congress 


LIFE    OF   JOHN    JAY.  39 

to  recommend  that  the  militia  of  the  city  should  be  armed 
and  trained,  and  held  in  readiness  to  act  at  a  moment's 
warning.  The  provincial  Congress  of  the  colony  accord 
ingly  proceeded  to  organize  and  officer  the  militia,  but  their 
commissions  were  not  sought  for  with  avidity.  Colonel 
McDougal  wrote  to  Mr.  Jay  from  New-York,  the  30th 
October,  "  I  have  many  matters  of  importance  to  commu 
nicate  to  you  respecting  our  own  safety  and  the  public 
security,  which  time  will  not  now  permit  me  to  commu 
nicate.  Suffice  it  that  the  tories  are  cheerful,  and  too  many 
of  the  whigs  make  long  faces.  Men  of  rank  and  influence 
refuse  to  accept  of  commissions  as  field  officers  of  the 
militia,  so  that  these  commissions  have  gone  a  begging  for 
six  or  seven  weeks.'* 

Mr.  Jay  had  devoted  himself  to  the  service  of  his  country, 
whether  in  the  field  or  the  cabinet,  and  shortly  after  this 
letter  he  received  and  accepted  the  commission  of  "  Colonel 
of  the  Second  Regiment  of  militia  of  foot,  of  the  city  of  New- 
York."  His  civil  duties,  however,  were  too  important  at 
present  to  be  relinquished  for  his  new  appointment,  and  he 
remained  at  his  post  in  Congress. 

America  had  commenced  a  contest  for  the  preservation 
of  her  liberties,  trusting  solely  to  the  goodness  of  her  cause, 
and  her  own  courage  and  patriotism ;  and  probably  without 
the  most  remote  expectation  of  foreign  aid ;  nor  was  it  easy, 
in  the  existing  state  of  Europe,  to  devise  from  what  quarter 
such  aid  could  possibly  be  derived.  A  singular  occurrence, 
however,  soon  took  place,  that  excited  a  gleam  of  hope,  that 
in  the  approaching  struggle  the  colonies  would  not  be  wholly 
left  to  their  own  unassisted  efforts.  Mr.  Jay  used  to  relate 
the  following  anecdote. 

Some  time  in  the  course  of  this  year,  probably  about  the 
month  of  November,  Congress  was  informed  that  a  foreigner 
was  then  in  Philadelphia,  who  was  desirous  of  making  to 
them  an  important  and  confidential  communication.  This 
intimation  having  been  several  times  repeated,  a  committee 


40  LIFE    OF   JOHN   JAY. 

consisting  of  Mr.  Jay,  Dr.  Franklin,  and  Mr.  Jefferson  was 
appointed  to  hear  what  the  foreigner  had  to  say.  These 
gentlemen  agreed  to  meet  him  in  one  of  the  committee 
rooms  in  Carpenter's  Hall.  At  the  time  appointed  they 
went  there,  and  found  already  arrived  an  elderly  lame 
gentleman,  having  the  appearance  of  an  old  wounded 
French  officer.  They  told  him  they  were  authorized  to 
receive  his  communication;  upon  which  he  said  that  his 
Most  Christian  Majesty  had  heard  with  pleasure  of  the 
exertions  made  by  the  American  colonies  in  defence  of  their 
rights  and  privileges  ;  that  his  majesty  wished  them  success, 
and  would,  whenever  it  should  be  necessary,  manifest  more 
openly  his  friendly  sentiments  towards  them.  The  com 
mittee  requested  to  know  his  authority  for  giving  these 
assurances.  He  answered  only  by  drawing  his  hand 
across  his  throat,  and  saying,  "  Gentlemen,  I  shall  take  care 
of  my  head."  They  then  asked  what  demonstrations  of 
friendship  they  might  expect  from  the  King  of  France. 
"  Gentlemen,"  answered  the  foreigner,  "  if  you  want  arms, 
you  shall  have  them ;  if  you  want  ammunition,  you  shall 
have  it ;  if  you  want  money,  you  shall  have  it."  The 
committee  observed  that  these  assurances  were  indeed 
important,  but  again  desired  to  know  by  what  authority 
they  were  made.  "  Gentlemen,"  said  he,  repeating  his 
former  gesture,  "  I  shall  take  care  of  my  head ;"  and  this 
was  the  only  answer  they  could  obtain  from  him.  He  was 
seen  in  Philadelphia  no  more.  It  was  the  opinion  of 
the  committee  that  he  was  a  secret  agent  of  the  French  court, 
directed  to  give  these  indirect  assurances,  but  in  such  a 
manner  that  he  might  be  disavowed  if  necessary.  Mr.  Jay 
stated  that  his  communications  were  not  without  their  effect 
on  the  proceedings  of  this  Congress.  This  remark  probably 
related  to  the  appointment,  on  the  29th  of  November, 
of  a  secret  committee,  including  Mr.  Jay,  for  corresponding 
"  with  the  friends  of  America  in  Great  Britain,  Ireland,  and 


LIFE    OP   JOHN   JAY.  41 

other  parts  of  the  world."  We  shall  have  occasion  to  refer 
hereafter  to  the  very  important  consequences  resulting  from 
the  proceedings  of  this  committee. 

Of  all  the  colonies,  New- York  was  probably  the  least 
unanimous  in  the  assertion  and  defence  of  the  principles 
of  the  revolution.  In  almost  every  county  there  were 
many  who  openly  sided  with  the  mother  country,  and 
still  more  who  secretly  wished  her  success,  and  impa 
tiently  waited  for  the  moment  when  they  might,  with 
out  personal  danger,  claim  the  reward  of  loyalty.  The 
spirit  of  disaffection  was  most  extensive  on  Long  Island, 
and  had  probably  tainted  a  large  majority  of  its  inhabitants. 
In  Queens  county,  in  particular,  the  people  had,  by  a  for 
mal  vote,  refused  to  send  representatives  to  the  colonial 
Congress  or  Convention,  and  had  declared  themselves  neu 
tral  in  the  present  crisis.  The  apprehensions  of  Congress 
were  excited,  and  a  committee  was  appointed  to  take  into 
consideration  the  present  state  of  the  colony.  Mr.  Jay  was 
placed  upon  this  committee,  and  the  style  of  their  report 
indicates  him  as  its  author.  The  report  was  confined  to 
the  situation  of  Queens  county,  and  its  recommendations 
were  introduced  with  the  following  preamble : 

"  Whereas  a  majority  of  the  inhabitants  of  Queens  county, 
in  the  colony  of  New- York,  being  incapable  of  resolving  to 
live  and  die  freemen,  and  being  more  disposed  to  quit  their 
liberties  than  part  with  the  little  proportion  of  their  property 
necessary  to  defend  them,  have  deserted  the  American  cause 
by  refusing  to  send  deputies  as  usual  to  the  Convention 
of  that  colony,  and  avowing,  by  a  public  declaration,  an 
unmanly  design  of  remaining  inactive  spectators  of  the 
present  contest,  vainly  flattering  themselves,  perhaps,  that, 
should  Providence  declare  for  our  enemies,  they  may  pur 
chase  their  favour  and  mercy  at  an  easy  rate  ;  and,  on  the 
other  hand,  if  the  war  should  terminate  in  favour  of  America, 
that  then  they  may  enjoy,  without  expense  of  blood  or  trea 
sure,  all  the  blessings  resulting  from  that  liberty  which  they, 

VOL.  I. G 


42  LIFE    OF   JOHN    JAY. 

in  the  day  of  trial,  had  abandoned,  and  in  defence  of  which 
many  of  their  more  virtuous  neighbours  and  countrymen 
had  nobly  died;  and  it  being  reasonable  that  those  who 
refuse  to  defend  their  country  should  be  excluded  from  its 
protection,  and  prevented  from  doing  it  injury,"  &c. 

The  report  then  recommended  that  all  the  inhabitants  who 
had  voted  against  sending  deputies  to  the  Convention,  should 
be  put  out  of  the  protection  of  the  united  colonies,  and  not  be 
permitted  to  travel  or  abide  beyond  the  limits  of  their  county ; 
that  any  lawyer  who  should  bring  or  defend  any  action  for 
them  should  be  deemed  and  treated  as  an  enemy  to  the 
American  cause  ;  and  that  six  hundred  men  from  New- Jer 
sey  and  as  many  from  Connecticut  should  be  marched 
into  the  county  to  disarm  the  disaffected,  and  to  arrest  and 
keep  in  custody,  till  further  orders,  certain  specified  indi 
viduals.  The  report  and  the  accompanying  resolutions 
were  adopted  by  Congress. 

The  refusal  of  the  British  ministry  to  listen  to  any  other 
terms  of  accommodation  than  unqualified  submission  on  the 
part  of  the  colonies,  convinced  Congress  that  the  time  had 
arrived  when  it  became  them  to  abandon  the  defensive 
ground  they  had  hitherto  occupied,  and  to  employ  their 
arms,  not  merely  in  protecting  themselves,  but  in  annoying 
their  enemies.  The  point  in  which  Great  Britain  was  most 
assailable  was  her  commerce  ;  and  it  was  determined  to  let 
loose  upon  it  the  numerous  privateers  which  could  speedily 
be  sent  forth  from  the  various  ports  in  the  colonies.  It  was 
deemed  proper,  however,  that  a  measure  of  so  much  impor 
tance  should  be  preceded  by  a  declaration  explaining  the  rea 
sons  which  prompted  and  justified  it.  Mr.  Jay  was  placed 
on  the  committee  to  whom  the  task  of  preparing  this  decla 
ration  was  assigned,  and  on  the  23d  of  March  Congress 
adopted  their  report. 

In  the  month  of  April,  Mr.  Jay,  while  attending  in  Con 
gress,  was  elected  a  representative  from  the  city  and  county 
of  New-York,  to  the  Convention  or  Congress  of  the  colony. 


LIFE    OF   JOHN   JAY.  43 

This  Convention  assembled  on  the  14th  of  May.  Four  days 
before  its  meeting,  Congress  had  resolved,  "  That  it  be 
recommended  to  the  assemblies  and  conventions  of  the  uni 
ted  colonies,  where  no  government  sufficient  to  the  exi 
gences  of  their  affairs  hath  been  hitherto  established,  to  adopt 
such  government  as  shall  in  the  opinion  of  the  representatives 
of  the  people  best  conduce  to  the  happiness  and  safety  of 
their  constituents  in  particular  and  America  in  general." 

This  recommendation  was  nearly  tantamount  to  a  decla 
ration  of  independence,  and  it  did  not  receive  the  unanimous 
approbation  even  of  the  friends  of  the  American  cause. 
To  institute  not  a  provisional  but  a  permanent  government, 
and  thereby  to  renounce  all  dependence  upon  the  British 
crown,  and  to  vacate  at  once  every  office  filled  by  the  royal 
authority,  was,  especially  in  New-York,  a  work  not  to  be 
accomplished  without  difficulty  and  danger.  The  very 
attempt  was  calculated  to  exasperate  the  tories  to  the 
utmost,  while  the  whigs  were  not  all  prepared  to  take  a 
step  that  would  probably  render  reconciliation  impossible. 
Doubts,  moreover,  were  entertained  whether  the  Conven 
tion  of  New- York  were  authorized  by  their  constituents  to 
transfer  their  allegiance  from  one  government  to  another. 
Under  these  perplexing  and  critical  circumstances,  the  Con 
vention  required  the  attendance  of  Mr.  Jay.  It  must  be 
recollected  that  at  this  time  the  delegates  in  Congress  from 
New- York  were  not  elected  by  the  people,  but  appointed 
during  pleasure  by  the  colonial  Convention.  The  Convention 
had  therefore  the  power  of  recalling  Mr.  Jay  from  Con 
gress  ;  and,  as  he  was  himself  a  member  of  the  Convention, 
they  could  command  his  presence  in  their  own  body,  to 
assist  in  their  deliberations.  His  seat  in  Congress  was  not, 
however,  vacated,  the  Convention  wishing  merely  to  avail 
themselves  of  his  counsel  on  the  momentous  subject  submit 
ted  to  them.  Mr.  Jay,  in  obedience  to  the  summons  he  had 
received,  took  his  seat  in  the  Convention  on  the  25th  of  May. 
He  had  already  been  placed  on  a  committee  to  whom  the 


44  LIFE    OF   JOHN   JAY. 

Convention  had  referred  the  recommendation  of  Congress. 
A  few  days  after,  in  a  letter  to  his  colleague  in  Congress,  Mr. 
Duane,  he  observed,  "  When  I  shall  return  is  uncertain,  the 
Convention  having  directed  me  not  to  leave  them  till  fur 
ther  orders."  The  arrival  of  the  British  army,  the  capture 
of  New- York,  the  progress  of  the  campaign,  and  the  con 
spiracies  of  the  tories,  all  united  in  placing  the  colony  in  so 
hazardous  a  situation,  that  Mr.  Jay  was  not  permitted  to 
return  to  Congress,  but  was  kept  actively  engaged  during 
the  residue  of  the  year  in  the  service  of  his  native  state.  On 
the  31st  of  May  he  reported  a  series  of  resolutions,  which 
were  adopted  by  the  Convention,  calling  on  the  people  to 
elect  deputies  to  a  new  Convention,  with  power  to  establish 
a  form  of  government.  The  9th  of  July  was  appointed  for 
the  meeting  of  the  new  Convention,  and  the  present  Con 
vention  continued  in  session  in  the  mean  time.  The  elec 
tions,  which  were  then  conducted  in  a  very  summary  man 
ner,  were  accordingly  held,  and  Mr.  Jay  was  returned  to 
the  new  Convention. 

On  the  29th  of  June,  Lord  Howe  and  his  army  arrived 
off  the  harbour  of  New- York,  and  the  Convention,  appre 
hending  an  attack  upon  the  city,  ordered  all  the  leaden  win 
dow-sashes,  which  were  then  common  in  Dutch  houses,  to 
be  taken  out  for  the  use  of  the  troops ;  an  order  that  stri 
kingly  shows  how  ill  the  colony  was  prepared  for  the  ardu 
ous  conflict  that  ensued.  The  next  day  the  Convention 
adjourned  to  White  Plains,  about  twenty-seven  miles  from 
the  city. 

The  new  Convention,  clothed  with  power  to  establish  a 
form  of  government  for  the  colony,  convened  at  White 
Plains  on  the  9th  of  July ;  and  on  the  same  day  they  re 
ceived  from  Congress  the  DECLARATION  OF  INDEPENDENCE. 
This  important  document  was  immediately  referred  to  a 
committee  of  which  Mr.  Jay  was  chairman,  and  he  almost 
instanter  reported  the  following  resolution,  which  was  unani 
mously  adopted : 


LIFE    OP   JOHN   JAY.  45 

"Resolved  unanimously,  That  the  reasons  assigned  by 
the  Continental  Congress  for  declaring  these  united  colonies 
free  and  independent  states  are  cogent  and  conclusive,  and 
that  while  we  lament  the  cruel  necessity  which  has  rendered 
this  measure  unavoidable,  we  approve  the  same,  and  will, 
at  the  risk  of  our  lives  and  fortunes,  join  with  the  other  colo 
nies  in  supporting  it." 

Thus,  although  Mr.  Jay  was,  by  his  recall  from  Congress, 
deprived  of  the  honour  of  affixing  his  signature  to  the  Decla 
ration  of  Independence,  he  had  the  satisfaction  of  drafting  the 
pledge  given  by  his  native  state  to  support  it ;  and  this 
pledge,  in  his  own  handwriting,  is  preserved  among  the 
records  of  New- York. 

Mr.  Jay's  resistance  to  usurped  power  was  not  confined 
to  that  exercised  by  the  British  crown.  Congress  had 
nominated  the  officers  of  a  battalion,  raised  under  the 
authority  of  the  New- York  Convention,  and  had  explained 
to  the  Convention  the  reasons  which  had  led  to  this  assump 
tion  of  power.  The  answer  of  the  Convention  to  the  com 
munication  from  Congress  was  written  by  Mr.  Jay,  the 
very  day  after  he  had  reported  the  resolution  just  given. 
After  discussing  with  great  freedom  some  of  the  arguments 
assigned  by  Congress  for  encroaching  upon  the  acknow 
ledged  rights  of  the  Convention,  the  answer  proceeded : 
"  The  third  reason  given  for  depriving  us  in  this  instance 
of  the  right  of  nomination,  is  the  good  of  the  service  and 
the  danger  of  delay. 

"  The  necessity  of  the  case,  has  in  all  ages  and  nations  of 
the  world  been  a  fruitful,  though  dangerous,  source  of 
power.  It  has  often  sown  tares  in  the  fair  fields  of  liberty, 
and  like  a  malignant  blast,  destroyed  the  fruits  of  patriotism 
and  public  spirit.  The  whole  history  of  mankind  bears 
testimony  against  the  propriety  of  considering  this  principle 
as  the  parent  of  civil  rights ;  and  a  people  jealous  of  their 
liberties  will  ever  reprobate  it.  We  believe  Congress  went 
into  this  measure  with  pure  intentions,  and  with  no  other 


46  LIFE    OP    JOHN    JAY. 

wish  than  that  of  serving  their  country ;  and  we  entertain 
too  high  an  opinion  of  their  virtue  and  integrity  to  apolo 
gize  for  a  plainness  of  speech  becoming  freemen,  and  which 
we  know  can  give  offence  only  to  that  counterfeit  and  adul 
terated  dignity  which  swells  the  pride  of  those  who,  instead 
of  lending,  borrow  consequence  from  their  offices.  And, 
sir,  we  beg  leave  to  assure  Congress,  that  though  we  shall 
always  complain  of  and  oppose  their  resolutions  when  they 
injure  our  rights,  we  shall  ever  be  ready  to  risk  our  lives 
and  fortunes  in  supporting  the  American  cause." 

About  this  time  a  clerical  member  of  the  Convention 
asked  leave  of  absence  for  a  short  period,  for  the  purpose 
of  visiting  his  parish.  As  the  part  taken  by  Mr.  Jay  on 
this  occasion  has  been  frequently  misrepresented  as  evinc 
ing  great  disrespect  towards  the  sacred  profession,  we  shall 
be  excused  for  inserting  the  resolution  he  introduced,  and 
which  was  agreed  to  by  the  House. 

"  Whereas  the  Rev.  Mr.  Kettletass,  one  of  the  deputies 
from  Queens  county,  having  been  solemnly  devoted  to  the 
service  of  God  and  the  cure  of  souls,  has  good  right  to 
expect  and  claim  an  exemption  from  all  such  employments 
as  would  divert  his  attention  from  the  affairs  of  that  king 
dom  which  is  not  of  this  world, — Resolved,  that  the  said 
Mr.  Kettletass  be  at  liberty  to  attend  this  House  at  such 
times  only  as  he  may  think  proper,  and  that  his  absence  be 
not  considered  by  this  House  as  a  neglect  of  duty." 

The  Declaration  of  Independence  had  totally  changed,  not 
only  the  relation  of  the  colonists  to  Great  Britain,  but  their 
relation  to  each  other.  They  were  no  longer  fellow-subjects 
of  the  British  monarch,  but  citizens  of  free  and  sovereign 
states,  which  now  claimed  their  undivided  allegiance. 
Those,  therefore,  among  them  who  sided  with  the  enemy, 
and  were  labouring  to  subvert  the  existing  governments, 
were  guilty  of  treason,  and  the  public  welfare  required  that 
they  should  be  treated  accordingly.  Mr.  Jay  on  the  16th 
July  introduced  into  the  Convention  a  resolution,  which  was 


LIFE    OF   JOHN   JAY.  47 

adopted,  declaring  that  all  persons  abiding  in  the  state,  and 
who  were  entitled  to  the  protection  of  its  laws,  who  should 
aid  or  abet  the  enemies  of  the  state,  were  guilty  of  high- 
treason  ;  and  on  being  convicted  thereof,  should  suffer  the 
penalty  of  death.  That  this  was  a  strong  measure,  consid 
ering  how  recently  all  the  inhabitants  had  acknowledged 
George  the  Third  their  rightful  sovereign,  cannot  be  denied ; 
but  that  it  was  justified  by  circumstances,  few  will  be  dis 
posed  to  doubt.  That  many  of  the  adherents  of  Britain 
were  actuated  by  a  sense  of  duty,  is  certainly  true ;  and 
the  Convention  did  not  attempt  to  force  their  consciences ; 
it  only  required,  that  while  remaining  in  the  state  and  en 
joying  its  protection,  they  should  not  aid  its  enemies. 

A  portion  of  Lord  Howe's  fleet  having  passed  up  the 
Hudson,  the  Convention,  alarmed  at  the  consequences  which 
might  result  from  the  enemy's  obtaining  the  command  of 
that  important  river,  appointed  on  the  17th  July  a  secret 
committee,  with  very  extensive  powers,  for  the  purpose  of 
obstructing  the  navigation  of  the  river  and  annoying  the 
enemy's  ships.  Of  this  committee  Mr.  Jay  was  an  active 
member,  and  was  soon  after  his  appointment  despatched  to 
a  foundery  in  Connecticut  for  the  purpose  of  procuring  a 
supply  of  cannon  and  shot,  and  transporting  them  to  the 
river.  In  our  present  regularly  organized  state  of  society, 
the  extensive  and  undefined  powers  frequently  at  that  time 
intrusted  to  individuals,  appear  no  less  dangerous  than 
extraordinary.  Thus,  on  the  present  occasion,  Mr.  Jay 
was  "authorized  and  empowered  to  impress  carriages, 
teams,  sloops,  and  horses,  and  to  call  out  detachments  of 
the  militia,  and  generally  to  do,  or  cause  to  be  done  at  his 
discretion,  all  such  matters  and  things  as  he  may  deem 
necessary  or  expedient  to  forward  and  complete  the  business 
committed  to  his  care." 

Mr.  Jay  repaired  to  Salisbury  in  Connecticut,  where  he 
found  the  number  of  cannon  he  wished,  but  the  proprietors 
of  the  furnace  declined  parting  with  them  without  an  order 


48  LIFE    OP   JOHN   JAY. 

from  the  governor.  Mr.  Jay  next  went  to  Lebanon,  to 
solicit  the  necessary  order  from  the  governor,  which  after 
some  delay  was  granted.  He  then  returned  to  Salisbury, 
engaged  teams,  &c.,  and  in  a  short  time  had  twenty  cannon 
delivered  at  West  Point. 

Although  the  present  Convention  had  been  elected  for  the 
express  purpose  of  establishing  a  state  government,  yet  so 
various  and  important  were  the  subjects  which  claimed  their 
immediate  attention,  that  it  was  not  till  the  1st  August  that 
a  committee  was  appointed  to  report  a  form  of  government. 
This  committee,  of  which  Mr.  Jay  was  one,  did  not  find 
time  to  perfect  their  report  till  the  ensuing  year.  In  the 
mean  while,  all  the  powers  of  government  were  exercised 
by  the  Convention  and  its  committees. 

The  invasion  of  the  state,  and  the  disastrous  events  on 
Long  Island,  imboldened  the  tories,  and  excited  the  Con 
vention  to  increased  vigour  and  activity.  A  few  days 
before  the  British  army  entered  the  city,  the  Convention 
ordered  the  church  bells  and  even  the  brass  knockers  on  the 
doors  to  be  removed  to  a  place  of  safety,  for  the  purpose  of 
being  converted  into  cannon.  They  also,  at  the  instance  of 
Mr.  Jay,  in  order  to  prevent  intercourse  between  the  enemy 
and  the  disaffected,  established  a  system  of  passports, 
by  which  no  person  was  permitted  to  pass  from  one  county 
to  another  without  a  certificate  from  certain  officers,  that 
he  was  a  friend  to  the  American  cause  ;  and  all  persons 
travelling  without  such  certificates  were  to  be  arrested  and 
imprisoned. 

It  was  soon  found,  however,  that  further  and  stronger 
measures  were  necessary  to  counteract  the  machinations  of 
the  tories,  who  encouraged  by  the  presence  of  the  British 
army  and  fleet,  were  raising  troops,  and  even  seizing  zealous 
and  influential  citizens  and  carrying  them  into  New- York, 
where  they  were  imprisoned  as  rebels.  To  put  an  end  to 
this  state  of  things,  the  Convention  appointed  "a  Committee 
for  inquiring  into,  detecting  and  defeating  all  conspiracies 


LIFE    OP   JOHN    JAY.  49 

which  may  be  formed  in  this  State,  against  the  liberties  of 
America."  This  committee  was  empowered  to  send  for 
persons  and  papers, — to  call  out  detachments  of  the  militia 
in  different  counties  for  suppressing  insurrections, — to  appre 
hend,  secure,  or  remove  persons  whom  they  might  judge 
dangerous  to  the  safety  of  the  State, — to  make  drafts  on  the 
treasury, — to  enjoin  secrecy  upon  their  members  and  the 
persons  they  employed,  and  to  raise  and  officer  220  men, 
and  to  employ  them  as  they  saw  fit.  Mr.  Jay  was  placed 
on  this  formidable  committee,  acted  as  its  chairman,  and  wag 
long  and  laboriously  engaged  in  its  duties.  The  following 
preamble  and  resolutions,  relative  to  this  committee,  were 
from  his  pen. 

"Whereas  certain  inhabitants  and  subjects  of  this  State, 
either  seduced  by  the  arts  or  corrupted  by  the  bribes  of 
the  enemy,  or  influenced  by  unmanly  fear,  profess  to  owe 
allegiance  to  the  King  of  Great  Britain,  although  the  said 
king  had  denied  them  his  protection,  absolved  them  from 
their  allegiance,  and  by  force  of  arms  attempted  to  reduce 
them  from  subjects  to  vassals,  and  from  freemen  to  slaves. 

"  And  whereas  others,  from  the  like  or  similar  motives, 
or  with  design  to  maintain  an  equivocal  neutrality,  and 
ungenerously  avoid  the  dangers  incident  to  those  who  nobly 
stand  forth  for  the  liberties  of  their  country,  pretend  to  hold 
for  true  the  exploded  and  ridiculous  doctrine  of  passive 
obedience  and  non-resistance  to  any  power,  however  tyran 
nical,  unconstitutional,  oppressive,  and  cruel. 

"  And  whereas  it  is  not  only  just,  but  consonant  to  the 
usage  of  all  civilized  states,  to  withdraw  their  protection 
from,  and  punish  such  of  their  subjects  as  refuse  to  do  their 
duty  in  supporting  the  liberties  and  constitutional  authority 
of  the  state  of  which  they  are  members.  Resolved,  that 
the  committee  appointed  by  the  Convention  of  this  State 
for  the  purpose  of  inquiring  into,  detecting,  and  defeating 
all  conspiracies,  &c.  have  full  power  and  authority  to  dis 
franchise  and  punish  all  such  unworthy  subjects  of  this 

VOL.  I. — H 


50  LIFE    OF   JOHN    JAY. 

State,  as  shall  profess  to  owe  allegiance  to  the  king  of 
Great  Britain,  and  refuse  to  join  with  their  countrymen  in 
opposing  his  tyranny  and  invasion  (other  than  such  of  the 
people  called  Quakers,  who  behave  as  good  subjects,  ex 
cept  in  not  bearing  arms),  by  transporting  them  with  their 
families,  at  their  own  expense,  to  the  city  of  New-York,  or 
other  places  in  possession  of  the  enemy  ;  and  that  they  be 
permitted  to  take  with  them  all  their  clothes  and  household 
furniture ;  or  if  they  think  proper,  to  sell  and  dispose  of 
their  goods  and  chattels  ;  that  they  who  ignominiously  pre 
fer  servitude  to  freedom,  may,  by  becoming  vassals  and 
slaves  to  the  king  and  parliament,  deter  others  from  the 
like  shameful  and  dishonourable  conduct." 

The  minutes  of  this  committee,  which  are  still  extant, 
and  many  of  them  in  Mr.  Jay's  handwriting,  bear  ample 
testimony  to  the  energy  with  which  they  exercised  their 
power.  Their  influence  was  felt  throughout  the  State — 
the  arrests,  imprisonments,  and  banishments  made  by  them, 
were  almost  numberless.  Many  tories,  with  their  families, 
were  sent  into  New- York,  and  some  banished  to  other 
States.  Many  were  compelled  to  give  security  to  reside 
within  certain  limits :  occasionally,  the  jails,  and  even  the 
churches,  were  crowded  with  prisoners.  Emissaries  were 
employed  to  discover  and  counteract  the  plans  of  the  tories ; 
and,  in  short,  a  vigilant  and  vigorous  system  of  police  was 
exercised  by  this  committee  in  every  part  of  the  State, 
which  in  no  small  degree  contributed  to  keep  it  faithful  to 
the  common  cause. 

The  very  fact  that  such  extraordinary  powers  were 
vested  in  a  few  individuals,  by  the  representatives  of  a 
people  conversant  with  the  principles  of  liberty,  and  jealous 
of  their  infringement,  proves  the  very  critical  state  of  the 
American  cause  at  that  period ;  and  the  conviction  of  its 
friends,  that  its  success  could  be  secured  only  by  strong 
and  resolute  measures. 

A  crisis  had  indeed  arrived  which  might  well  alarm  the 


LIFE    OF   JOHN    JAY.  51 

most  sanguine  and  devoted  patriot,  while  it  filled  with 
exultation  the  enemies  of  America.  The  city  of  New- 
York,  and  all  Long  and  Staten  Islands,  were  in  the  hands 
of  the  enemy ;  their  ships  commanded  the  whole  of  Long 
Island  Sound,  and  part  of  Hudson  River.  The  American 
army  had  been  compelled  to  retire  from  Westchester, 
leaving  that  important  county  at  the  mercy  of  the  British. 
The  northern  army  had  been  baffled  in  its  attempt  upon 
Canada ;  and  General  Washington,  with  about  3000  men, 
almost  destitute  of  clothing,  was  slowly  retreating  through 
New-Jersey,  utterly  unable  to  check  the  advance  of  the 
troops  who  were  pursuing  him.  Despondency  generally 
prevailed  ;  and  the  British  general,  availing  himself  of  the 
panic  occasioned  by  his  successes,  scattered  abroad  his 
proclamations,  offering  pardon  and  protection  to  repenting 
rebels.  In  this  moment  of  gloom  and  dismay,  Mr.  Jay 
called  on  his  countrymen,  in  language,  perhaps,  the  most 
animating  and  thrilling  that  ever  flowed  from  his  pen,  to 
awaken  to  a  sense  of  their  danger,  and  to  discharge  the 
duties  they  owed  to  themselves,  their  country,  and  their 
God.  This  call  was  made  in  an  address  from  the  Conven 
tion  to  their  constituents,  the  23d  of  December.  The 
address  was  extensively  circulated ;  and  Congress  passed 
a  resolve  "  earnestly  recommending  it  to  the  serious  perusal 
and  attention  of  the  inhabitants  of  the  United  States ;  and 
ordered  it  to  be  translated  and  printed  in  the  German  lan 
guage,  at  the  expense  of  the  continent."*  The  address, 
after  directing  the  attention  of  the  people  to  the  importance 
and  solemnity  of  the  present  period,  proceeded : 

"  Under  the  auspices  and  direction  of  Divine  Providence, 
your  forefathers  removed  to  the  wilds  and  wilderness  of 
America.  By  their  industry,  they  made  it  a  fruitful — and 
by  their  virtue,  a  happy  country.  And  we  should  still  have 

*  Journals  of  Congress. 


52  LIFE    OF   JOHN    JAY. 

enjoyed  the  blessings  of  peace  and  plenty,  if  we  had  not 
forgotten  the  source  from  which  these  blessings  flowed ;  and 
permitted  our  country  to  be  contaminated  by  the  many 
shameful  vices  which  have  prevailed  among  us. 

"  It  is  a  well  known  truth,  that  no  virtuous  people  were 
ever  oppressed ;  and  it  is  also  true,  that  a  scourge  was 
never  wanting  to  those  of  an  opposite  character.  Even 
the  Jews,  those  favourites  of  Heaven,  met  with  the  frowns, 
whenever  they  forgot  the  smiles  of  their  benevolent  Creator. 
By  tyrants  of  Egypt,  of  Babylon,  of  Syria,  and  of  Rome, 
they  were  severely  chastised  ;  and  those  tyrants  them 
selves,  when  they  had  executed  the  vengeance  of  Almighty 
God,  their  own  crimes  bursting  on  their  own  heads,  received 
the  rewards  justly  due  to  their  violation  of  the  sacred 
rights  of  mankind. 

"  You  were  born  equally  free  with  the  Jews,  and  have 
as  good  a  right  to  be  exempted  from  the  arbitrary  domina 
tion  of  Britain,  as  they  had  from  the  invasions  of  Egypt, 
Babylon,  Syria,  or  Rome.  But  they,  for  their  wickedness, 
were  permitted  to  be  scourged  by  the  latter ;  and  we,  for 
our  wickedness,  are  scourged  by  tyrants  as  cruel  and 
implacable  as  those.  Our  case,  however,  is  peculiarly  dis 
tinguished  from  theirs.  Their  enemies  were  strangers, 
unenlightened,  and  bound  to  them  by  no  ties  of  gratitude 
or  consanguinity.  Our  enemies,  on  the  contrary,  call 
themselves  Christians.  They  are  of  a  nation  and  people 
bound  to  us  by  the  strongest  ties.  A  people,  by  whose 
side  we  have  fought  and  bled ;  whose  power  we  have  con 
tributed  to  raise ;  who  owe  much  of  their  wealth  to  our 
industry,  and  whose  grandeur  has  been  augmented  by  our 
exertions." 

After  stating  .the  extravagant  demands  of  Britain,  and  the 
contempt  with  which  she  had  treated  the  complaints  and  peti 
tions  of  the  colonies  ;  and  the  success  which  had  attended  her 
arms,  the  address  remarked :  "  The  enemy  with  greater 
strength  again  invade  us — invade  us,  not  less  by  their  arts 


LIFE    OF   JOHN    JAY.  53 

than  their  arms.  They  tell  you,  if  you  submit,  you  shall  have 
PROTECTION — that  their  king  breathes  nothing  but  peace — 
that  he  will  revise  (not  repeal)  all  his  cruel  acts  and 
instructions,  and  will  receive  you  into  favour.  But  what 
are  the  terms  on  which  you  are  promised  peace  ?  Have 
you  heard  of  any  except  absolute,  unconditional  obedience 
and  servile  submission  ?  If  his  professions  are  honourable 
• — if  he  means  not  to  cajole  and  deceive  you,  why  are  you 
not  explicitly  informed  of  the  terms  ;  and  whether  parlia 
ment  mean  to  tax  you  hereafter  at  their  will  and  pleasure  ? 
Upon  this  and  the  like  points,  the  military  commissioners 
of  peace  are  silent ;  and,  indeed,  are  not  authorized  to  say 
a  word,  unless  a  power  to  grant  pardon  implies  a  power 
to  adjust  claims  and  secure  privileges ;  or  unless  the  bare 
possession  of  life  is  the  only  privilege  which  Americans 
are  to  enjoy ;  for  a  power  to  grant  pardon  is  the  only  one 
which  their  parliament  or  prince  have  thought  proper  to 
give  them.  And  yet  they  speak  of  peace,  and  hold  daggers 
in  their  hands.  They  invite  you  to  accept  of  blessings, 
and  stain  your  habitations  with  blood.  Their  voice  resem 
bles  the  voice  of  Jacob,  but  their  hands  are  like  the  hands 
of  Esau.  If  the  British  king  really  desired  peace,  why  did 
he  order  all  your  vessels  to  be  seized,  and  confiscated? 
Why  did  he  most  cruelly  command,  that  the  men  found  on 
board  such  vessels  should  be  added  to  the  crews  of  his 
ships  of  war,  and  compelled  to  fight  against  their  own 
countrymen — to  spill  the  blood  of  their  neighbours  and 
friends ;  nay,  of  their  fathers,  their  mothers,  and  their 
children ;  and  all  this  before  these  pretended  ambassadors 
of  peace  had  arrived  on  our  shores !  Does  any  history, 
sacred  or  profane,  record  any  thing  more  horrid,  more 
impious,  more  execrably  wicked !  If  there  be  one  single 
idea  of  peace  in  his  .mind,  why  does  he  order  your  cities 
to  be  burned,  your  country  to  be  desolated,  your  brethren 
to  starve,  and  languish,  and  die  in  prison  ?  If  any  thing 
Were  intended  besides  destruction,  devastation,  and  blood 
shed,  why  are  the  mercenaries  of  Germany  transported 


54  LIFE    OF    JOHN    JAY. 

near  four  thousand  miles  ?  They  plunder  your  houses ; 
ravish  your  wives  and  daughters ;  strip  your  infant  chil 
dren  ;  expose  whole  families  naked,  miserable,  and  forlorn, 
to  want,  to  hunger,  to  inclement  skies,  and  wretched  deaths. 
If  peace  were  not  totally  reprobated  by  him,  why  are 
those  pusillanimous,  deluded,  servile  wretches  among  you, 
who,  for  present  ease  or  impious  bribes,  would  sell  their 
liberty,  their  children,  and  their  souls ;  who,  like  savages, 
worship  every  devil  that  promises  not  to  hurt  them ;  or 
obey  any  mandates,  however  cruel,  for  which  they  are 
paid?  how  is  it,  that  these  sordid,  degenerate  creatures, 
who  bow  the  knee  to  this  king,  and  daily  offer  incense  at 
his  shrine,  should  be  denied  the  peace  so  repeatedly  prom 
ised  them  ?  Why  are  they  indiscriminately  abused,  robbed, 
and  plundered,  with  their  more  deserving  neighbours? 
But  in  this  world,  as  in  the  other,  it  is  right  and  just  that 
the  wicked  should  be  .punished  by  their  seducers.  .  .  . 
"  And  why  all  this  desolation,  bloodshed,  and  unparalleled 
cruelty?  They  tell  you,  to  reduce  you  to  obedience. 
Obedience  to  what  ?  To  their  sovereign  will  and  pleasure. 
And  what  then?  Why,  then  you  shall  be  pardoned, 
because  you  consent  to  be  slaves.  And  why  should  you  be 
slaves  now,  having  been  freemen  ever  since  the  country 
was  settled  ?  Because,  forsooth,  the  king  and  parliament 
of  an  island,  three  thousand  miles  off,  choose  that  you 
should  be  hewers  of  wood,  and  drawers  of  water  for  them. 
And  is  this  the  people  whose  proud  domination  you  are 
taught  to  solicit  ?  Is  this  the  peace  which  some  of  you  so 
ardently  desire  ?  For  shame !  for  shame !  .  .  .  You 
may  be  told  that  your  forts  have  been  taken ;  your  country 
ravaged ;  and  that  your  armies  have  retreated ;  and  that, 
therefore,  God  is  not  with  you.  It  is  true,  that  some  forts 
have  been  taken,  that  our  country  hafh  been  ravaged,  and 
that  our  Maker  is  displeased  with  us.  But  it  is  also  true, 
that  the  King  of  Heaven  is  not  like  the  king  of  Britain, 
implacable.  If  we  turn  from  our  sins,  He  will  turn  from 
his  anger.  Then  will  our  arms  be  crowned  writh  success,  and 


LIFE    OF   JOHN    JAY.  55 

the  pride  and  power  of  our  enemies,  like  the  arrogance  and 
pride  of  Nebuchadnezzar,  will  vanish  away.  Let  a  general 
reformation  of  manners  take  place — let  universal  charity, 
public  spirit,  and  private  virtue  be  inculcated,  encouraged, 
and  practised.  Unite  in  preparing  for  a  vigorous  defence 
of  your  country,  as  if  all  depended  on  your  own  exertions. 
And  when  you  have  done  all  things,  then  rely  upon  the 
good  Providence  of  Almighty  God  for  success,  in  full  con 
fidence  that  without  his  blessing,  all  our  efforts  will  in 
evitably  fail.  .  .  . 

"  Cease,  then,  to  desire  the  flesh-pots  of  Egypt,  and  re 
member  her  task-masters  and  oppression.  No  longer  hesi 
tate  about  rejecting  all  dependence  on  a  king  who  will 
rule  you  with  a  rod  of  iron:  freedom  is  now  in  your 
power — value  the  heavenly  gift :  remember,  that  if  you 
dare  to  neglect  or  despise  it,  you  offer  an  insult  to  the 
Divine  bestower — nor  despair  of  keeping  it.  After  the 
armies  of  Rome  had  been  repeatedly  defeated  by  Han 
nibal,  that  imperial  city  was  besieged  by  this  brave  and 
experienced  general,  at  the  head  of  a  numerous  and  vic 
torious  army.  But,  so  far  were  her  glorious  citizens  from 
being  dismayed  by  the  loss  of  so  many  battles,  and  of  all 
their  country — so  confident  were  they  in  their  own  virtue 
and  the  protection  of  Heaven,  that  the  very  land  on  which 
the  Carthaginians  were  encamped,  was  sold  at  public  auc 
tion  for  more  than  the  usual  price.  These  heroic  citizens 
disdained  to  receive  his  protections,  or  to  regard  his  proc 
lamations.  They  invoked  the  protection  of  the  Supreme 
Being — they  bravely  defended  their  city  with  undaunted 
courage — they  repelled  the  enemy  and  recovered  their 
country.  Blush,  then,  ye  degenerate  spirits,  who  give  all 
over  for  lost,  because  your  enemies  have  marched  through 
three  or  four  counties  in  this  and  a  neighbouring  State — ye 
who  basely  fly  to  have  the  yoke  of  slavery  fixed  on  your 
necks,  and  to  swear  that  you  and  your  children  shall  be 
slaves  for  ever.'* 


56  LIFE    OF   JOHN    JAY. 

The  address  then  gave  a  glowing  picture  of  the  obsta 
cles  to  be  encountered  by  Great  Britain  in  her  endeav 
ours  to  enslave  her  late  colonies,  and  of  the  means  which 
Providence  had  furnished  America  for  protecting  the  lib 
erty  he  had  given  her ;  and  concluded  in  the  following 
terms.  "  Rouse,  brave  citizens  !  Do  your  duty  like  men ; 
and  be  persuaded  that  Divine  Providence  will  not  per 
mit  this  western  world  to  be  involved  in  the  horrors  of 
slavery.  Consider,  that  from  the  earliest  ages  of  the  world, 
religion,  liberty,  and  reason  have  been  bending  their  course 
towards  the  setting  sun.  The  holy  gospels  are  yet  to  be 
preached  to  these  western  regions ;  and  we  have  the 
highest  reason  to  believe  that  the  Almighty  will  not  suffer 
slavery  and  the  gospel  to  go  hand  in  hand.  It  cannot,  it 
will  not  be. 

"  But  if  there  be  any  among  us,  dead  to  all  sense  of 
honour,  and  love  of  their  country ;  if  deaf  to  all  the  calls 
of  liberty,  virtue,  and  religion ;  if  forgetful  of  the  mag 
nanimity  of  their  ancestors,  and  the  happiness  of  their 
children ;  if  neither  the  examples  nor  the  success  of  other 
nations — the  dictates  of  reason  and  of  nature  ;  or  the  great 
duties  they  owe  to  their  God,  themselves,  and  their  pos 
terity,  have  any  effect  upon  them — if  neither  the  injuries 
they  have  received,  the  prize  they  are  contending  for,  the 
future  blessings  or  curses  of  their  children — the  applause 
or  the  reproach  of  all  mankind — the  approbation  or  dis 
pleasure  of  the  Great  Judge — or  the  happiness  or  misery 
consequent  upon  their  conduct,  in  this  and  a  future  state, 
can  move  them ; — then  let  them  be  assured,  that  they 
deserve  to  be  slaves,  and  are  entitled  to  nothing  but  anguish 
and  tribulation.  Let  them  banish  from  their  remembrance 
the  reputation,  the  freedom,  and  the  happiness  they  have 
inherited  from  their  forefathers.  Let  them  forget  every 
duty,  human  and  divine ;  remember  not  that  they  have 
children :  and  beware  how  they  call  to  mind  the  justice  of 
the  Supreme  Being :  let  them  go  into  captivity,  like  the 


LIFE    OF   JOHN   JAY.  57 

idolatrous  and  disobedient  Jews  ;  and  be  a  reproach  and  a 
by-word  among  the  nations.  But  we  think  better  things 
of  you, — we  believe  and  are  persuaded  that  you  will  do 
your  duty  like  men,  and  cheerfully  refer  your  cause  to  the 
great  and  righteous  Judge.  If  success  crown  your  efforts, 
all  the  blessings  of  freemen  will  be  your  reward.  If  you 
fall  in  the  contest,  you  will  be  happy  with  God  in  heaven." 

Were  we  to  form  an  estimate  of  Mr.  Jay's  character 
only  from  the  language  in  which  he  denounced  those  who 
were  hostile,  or  indifferent  to  the  liberties  of  his  country, 
and  from  the  measures  he  proposed  against  them ;  we 
should  be  almost  ready  to  believe  that  a  stern  and  devoted 
patriotism  had  absorbed  the  more  delicate  and  amiable 
feelings  of  his  breast.  But  his  public  as  well  as  private 
conduct  was  governed  by  a  strict  sense  of  moral  obliga 
tion  ;  and  while  he  never  permitted  his  friendship  or  sym 
pathy  for  individuals  to  interfere  with  the  paramount 
claims  of  his  country,  he  delighted  to  indulge  the  kind  and 
generous  sensibilities  of  his  nature  whenever  circumstances 
would  allow  him.  He  invariably  discountenanced  all  in 
humanity  and  unnecessary  rigour  towards  the  enemy,  or 
the  tories.  On  one  occasion,  having  reason  to  believe  that 
a  zealous  committee-man  in  Westchester  county  had  ex 
ercised  his  power  with  unjustifiable  severity,  he  complained 
of  his  conduct,  and  procured  a  vote  of  censure  against  him 
from  the  Convention.  Some  time  after,  this  person  met 
him,  and  assured  him  that  he  was  innocent  of  the  alleged 
charge,  and  complained  that  he  had  been  condemned 
without  having  an  opportunity  of  vindicating  himself.  Mr. 
Jay,  struck  with  the  justice  of  this  remonstrance,  instantly 
replied — "  You  are  right,  and  I  was  wrong,  and  I  ask  your 
pardon."  This  f.ank  acknowledgment  disarmed  the  com 
mittee-man  of  his  resentment ;  and,  grasping  Mr.  Jay's 
hand,  he  exclaimed — "  I  have  often  heard  that  John  Jay  was 
a  great  man,  and  now  I  know  it." 

VOL.  I. 1 


58  LIFE    OF   JOHN    JAY. 

In  consequence  of  the  vicinity  of  the  enemy,  Rye  became 
an  unsafe  residence  for  Mr.  Jay's  parents  ;  and  it  appears 
from  the  minutes  of  the  Convention  that  he  asked  and  ob 
tained  leave  of  absence,  in  order  to  remove  them.  He 
accordingly  repaired  to  Rye,  and  succeeded  in  removing  his 
parents  to  Fishkill,  about  the  time  of  the  battle  of  White 
Plains.  The  dwelling  and  farm  at  Rye  were  abandoned, 
and  soon  after  fell  into  the  possession  of  the  enemy ;  nor 
were  they  again  occupied  by  the  family  till  after  the  war. 
,  A  few  extracts  from  Mr.  Jay's  correspondence  will  show 
,that  the  sternness  of  his  public  policy  was  far  from  being 
prompted  by  natural  disposition. 

"TO    ROBERT    R.    LIVINGSTON. 

"Ph.  6th  Jan.,  1776. 
"  DEAR  ROBERT, 

"  Amid  the  various  sources  of  consolation  in  seasons  of 
poignant  distress,  which  the  wise  have  long  amused  them 
selves  and  the  world  with,  the  little  share  of  observation 
and  experience  which  has  fallen  to  my  lot  convinces  me 
that  resignation  to  the  dispensations  of  a  benevolent  as  well 
as  omnipotent  Being  can  alone  administer  relief.  The 
sensations  which  the  first  paragraph  of  your  letter  has 
occasioned  mock  the  force  of  philosophy,  and  I  confess 
have  rendered  me  the  sport  of  feelings  which  you  can  more 
easily  conceive  than  I  express.  Grief,  if  a  weakness,  is 
nevertheless  on  certain  occasions  amiable,  and  recommends 
itself  by  being  in  the  train  of  passions  which  follow  virtue. 
But  remember,  my  friend,  that  your  country  bleeds  and 
calls  for  your  exertions.  The  fate  of  those  very  friends 
whose  misfortunes  so  justly  afflict  you,  is  linked  with  the 
common  cause,  and  cannot  have  a  separate  issue.  Rouse, 
therefore,  and  after  vigorously  discharging  the  duties  you 
owe  your  country,  return  to  your  peaceful  shades,  and 
supply  the  place  of  your  former  joys,  by  the  reflection 
that  they  are  only  removed  to  a  more  kindred  soil,  like 


LIFE    OF   JOHN   JAY.  59 

flowers  from  a  thorny  wilderness  by  a  friendly  florist,  under 
whose  care  they  will  flourish  and  bloom,  and  court  your 
embraces  for  ever.  Accept  my  warmest  thanks  for  the 
ardour  with  which  you  wish  a  continuance  and  increase  of 
that  friendship  to  which  I  have  long  been  much  indebted. 
Be  assured  that  its  duration  will  always  be  among  the  first 
objects  of  my  care.  Let  us  unite  in  proving  by  our  example 
that  the  rule  which  declares  juvenile  friendships,  like  vernal 
flowers,  to  be  of  short  continuance,  is  not  without  excep 
tions,  even  in  our  degenerate  days.  Mr.  Deane  has  this 
moment  come  in,  so  that  I  must  conclude,  as  I  hope  to 
conclude  every  letter  to  you,  with  an  assurance  that  I  am 
"  Your  affectionate  friend, 

"  JOHN  JAY. 
"  P.  S. — 50  tons  of  saltpetre  arrived  this  day." 

"  TO   ROBERT    R.    LIVINGSTON. 

"  Philadelphia,  4th  March,  1776. 
"  MY  DEAR  FRIEND, 

"  Fame  says  you  are  still  much  indisposed.  I  pray  God 
she  may  on  this,  as  she  does  on  many  other  occasions,  prove 
a  liar.  I  wrote  you  last  week  from  Elizabethtown.  Tell 
me  whether  you  have  received  that,  and  which  other  of  my 
letters.  I  was  in  hopes  of  finding  a  letter  from  you  here 
for  me  ;  and  the  disappointment  is  the  greater,  as  the  state 
of  your  health  for  some  time  past  has  given  me  much 
anxiety.  The  prospect  of  being  soon  deprived  of  a  father, 
and  probably  a  mother,  whom  you  know  I  tenderly  love, 
the  unhappy  situation  of  some  of  my  family,  added  to  the 
distress  I  feel  for  the  late  misfortunes  and  sickness  of  my 
friend,  have  occasioned  more  gloomy  ideas  in  my  mind  than 
it  has  ever  before  been  the  subject  of :  despondency,  how 
ever,  ill  becomes  a  man.  I  hope  I  shall  meet  every  severe 
stroke  of  fate  with  firmness  and  resignation,  though  not 
with  sullen  indifference.  It  gives  me  consolation  to  reflect 
that  the  human  race  are  immortal,  that  my  parents  and 


60  LIFE    OF    JOHN    JAY. 

friends  will  be  divided  from  me  only  by  a  curtain  which  will 
soon  be  drawn  up,  and  that  our  great  and  benevolent  Creator 
will  (if  I  please)  be  my  guide  through  this  vale  of  tears  to 
our  eternal  and  blessed  habitation. 

"  Notwithstanding  your  letter,  I  shall  expect  that  your 
disorder  is  to  be  ascribed  more  to  your  solicitude  than 
constitution.  I  well  remember  that  though  to  appear 
ance  not  robust,  you  could  endure  great  fatigue,  and 
few  of  our  contemporaries  have  enjoyed  more  health 
than  yourself.  I  have  a  kind  of  confidence  that  exercise, 
temperance,  and  cheerfulness  would  be  as  friendly  to  you 
as  they  were  to  old  CORNARO,  I  wish  you  could  get 
away  from  home  and  pursue  no  other  objects.  Try, 
if  it  be  only  for  a  month  or  two,  and  give  up  all  kind  of 
business  of  what  nature  soever.  Don't  permit  anybody  to 
say  a  word  to  you  about  your  causes.,  your  rents,  your 
farm — -nay,  for  the  present  avoid  even  politics,  defer  joining 
the  Congress,  the  Assembly,  or  any  other  body  of  men 
whose  object  is  business.  Suppose,  when  the  season  be 
comes  more  mild,  you  were  to  take  lodgings  at  Bristol  ? 
The  waters  would  probably  be  useful  *  to  you,  you  would 
see  as  much  and  as  little  company  as  you  pleased,  and 
I  promise  to  go  to  .church  with  you  every  Sunday.  Tell 
Mrs.  Livingston  I  beg  she  will  join  her  persuasion  to  mine, 
Such  a  little  journey  would  be  useful  to  you  both,  and  I 
should  think  the  middle  of  April  would  not  be  too  early  for  it. 

"  The  Committee  for  Canada  was  appointed  before  I 
reached  this  place.  It  consists  of  Dr.  Franklin,  Mr.  Chace, 
and  a  Mr.  Carrol  from  Maryland.  Had  I  been  here  I 
should  have  proposed  you,  though  I  must  confess  I  think 
you  can  employ  your  time  more  to  the  advantage  of  your 
health  in  many  other  ways.  Your  country  has  no  demands 
upon  you  till  that  be  re-established.  Let  me  entreat  you, 
therefore,  to  confine  your  attention  to  it.  Twenty-seven 
tons  of  powder,  some  saltpetre,  and  three  hundred  arms 
arrived  here  yesterday,  and  we  hear  from  good  authority 
that  five  tons  of  powder  have  arrived  safe  at  North  Carolina, 


LIFE    OF   JOHN   JAY.  61 

This  is  all  the  news  I  have  heard  since  I  have  been  in  town. 
As  to  politics,  you  know  the  letters  of  Congress  people 
should  be  silent  on  that  subject  in  these  times,  when  letters 
often  miscarry,  &c.  God  bless  you  and  give  you  health. 

"  I  am  yours,  &c. 

"  JOHN  JAY." 

"TO  MRS.  JAY. 

"  Salisbury,  29th  July,  1776. 

"MY  DEAR  SALLY, 

"  I  am  now  returning  to  Poughkeepsie,  where  I  am  to 
meet  some  members  of  the  Convention  on  the  7th  of  August. 
How  long  I  may  stay  there  is  entirely  uncertain.  Unless 
some  unforeseen  business  should  intervene,  I  purpose  return 
ing  to  the  White  Plains  by  the  way  of  Elizabethtown.  The 
journey  will  be  long  and  fatiguing,  but  as  all  the  inconve 
niences  of  it  will  be  amply  compensated  by  the  pleasure  of 
spending  a  day  or  two  with  you,  I  consider  it  with  satisfac 
tion,  and  shall  pursue  it  with  cheerfulness.  Don't,  however, 
depend  on  it,  lest  you  be  disappointed.  In  these  days  of 
uncertainty  we  can  be  certain  only  of  the  present ;  the  future 
must  be  the  object  rather  of  hope  than  expectation.  My  dear 
Sally,  are  you  yet  provided  with  a  secure  retreat  in  case 
Elizabethtown  should  cease  to  be  a  place  of  safety  ?  I  shall 
not  be  at  ease  till  this  be  done.  You  know  my  happiness 
depends  on  your  welfare  ;  and  therefore  I  flatter  myself  your 
affection  for  me  has,  before  this  will  reach  you,  induced  you 
to  attend  to  that  necessary  object.  I  daily  please  myself 
with  an  expectation  of  finding  our  boy  in  health  and  much 
grown,  and  my  good  wife  perfectly  recovered  and  in  good 
spirits.  I  always  endeavour  to  anticipate  good  instead  of 
ill  fortune,  and  find  it  turns  to  good  account ;  were  this  prac^ 
tice  more  general,  I  fancy  mankind  would  experience  more 
happiness  than  they  usually  do.  The  only  danger  attend* 
ing  it  is,  that,  by  being  too  sanguine  in  our  expectations, 
disappointment  often  punishes  our  confidence  and  renders 


62  LIFE    OF   JOHN   JAY. 

the  sensations  occasioned  by  mortification  and  chagrin  more 
painful  than  those  arising  from  anticipated  and  imaginary 
enjoyments  were  pleasing.  These,  however,  are  inconve 
niences  which  a  little  prudence  will  easily  obviate.  A  per 
son  must  possess  no  great  share  of  sagacity  who,  in  this 
whirl  of  human  affairs,  would  account  that  certain  which, 
in  the  nature  of  things,  cannot  be  so.  But  this  looks  more 
like  writing  an  essay  than  a  letter.  I  was  thinking  loud, 
my  dear  wife,  which  you  know  is  a  species  of  enjoyment 
which  never  falls  to  my  lot  but  when  in  your  company. 
May  I  long  and  often  enjoy  it !  My  compliments  to  all  the 
family. 

"  I  am,  my  dear  Sally,  and  always  will  be, 

"  Your  very  affectionate  husband, 

"JOHN  JAY." 

"TO  EDWARD  RUTLEDGE. 

"6th  July,  1776. 
"DEAR  RUTLEDGE, 

"  Your  friendly  letter  found  me  so  engaged  by  plots,  con 
spiracies,  and  chimeras  dire,  that,  though  I  thanked  you  for 
it  in  my  heart,  I  had  no  time  to  tell  you  so  either  in  person 
or  by  letter.  Your  ideas  of  men  and  things  (to  speak 
mathematically)  run,  for  the  most  part,  parallel  with  my 
own  ;  and  I  wish  Governor  Tryon  and  the  devil  had  not 
prevented  my  joining  you  on  the  occasion  you  mentioned. 
How  long  I  may  be  detained  here  is  uncertain,  but  I  see 
little  prospect  of  returning  to  you  for  a  month  or  two  yet  to 
come.  We  have  a  government,  you  know,  to  form  ;  and 
God  only  knows  what  it  will  resemble.  Our  politicians,  like 
some  guests  at  a  feast,  are  perplexed  and  undetermined 
which  dish  to  prefer.  Our  affairs  in  Canada  have  lately 
become  much  the  subject  of  animadversion ;  and  the  mis 
carriages  in  that  country  are,  with  little  reserve,  imputed  to 
the  inattention  of  the  Congress.  Indeed,  there  is  reason  to 
believe  that  certain  military  gentlemen  who  reaped  no  lau- 


LIFE    OF   JOHN   JAY.  63 

rels  there  are  among  the  patrons  of  that  doctrine.  It  is  to 
me  amazing  that  a  strict  inquiry  has  not  been  made  into  the 
behaviour  of  those  under  whose  direction  we  have  met  with 
nothing  but  repeated  losses  in  that  country.  Nor  is  the 
public  silent  with  respect  to  the  inactivity  of  the  fleet ;  and 
reports  have  gone  abroad,  that  the  admiral  has  refused  to 
comply  with  the  orders  of  Congress  relative  to  the  cannon 
taken  at  Providence.  I'll  tell  you  a  pretty  story  of  *******. 
While  he  was  smoking  his  pipe  in  the  suburbs  of  Quebec, 
he  took  it  into  his  head  that  he  might  do  wonders  with  a  fire- 
ship  ;  and,  with  an  imagination  warmed  by  the  blaze  of  the 
enemy's  vessels,  sent  for  a  New-York  captain,  who,  it  seems, 
understood  the  business  of  fire-ship  building.  Under  the 
strongest  injunctions  of  secrecy,  he  communicated  to  him 
the  important  plan,  and  ordered  him  to  get  the  ship  in  readi 
ness  with  all  the  despatch  and  privacy  in  his  power ;  wisely 
observing,  that  if  the  enemy  should  get  any  intelligence  of 
his  design,  they  would  carry  their  vessels  out  of  the  way  of 
his  fire-ship.  The  captain  accordingly  set  about  preparing 
the  materials,  &c.  necessary  for  the  exploit  which  was  to 
heroise  his  general.  Some  short  time  after,  *******  was 
informed  that  the  time  for  which  the  York  troops  were 
enlisted  would  expire  in  a  day  or  two  ;  he  issued  orders  for 
them  to  parade  at  a  certain  time  and  place,  and  informed 
them  that  he  would  then  and  there  make  a  speech  to  them — 
and  a  Ciceronian  speech  it  was. 

"  '  My  lads,'  says  he,  *  I  find  your  time  is  almost  out,  and 
maybe  some  of  you  may  think  on  going ;  but  surely  you 
won't  leave  me  now ;  you  must  try  and  stay  a  little  longer. 
Don't  think  that  I  am  laying  here  doing  nothing.  No,  no ; 
you  shall  see  a  fine  sight  soon.  I  am  busy  building  a  fire- 
ship  ;  and  as  soon  as  she  is  ready,  we'll  burn  all  their  vessels 
up.'  Cetera  desunt. 

"  The  York  troops,  allured  by  the  promise  of  a  feu  de 
joie,  staid  and  were  disappointed.  Some  renegade  French 
men  remembered  the  speech,  and  told  it  as  a  secret  to  Gov- 


64  LIFE    OF   JOHN   JAY. 

ernor  Carle  ton.  The  vessels  were  put  out  of  harm's  way, 
and  the  Connecticut  Alexander  lost  his  passage  in  a  fire- 
ship  to  the  temple  of  fame. 

"  My  compliments  to  Messrs.  Braxton,  Lynch,  and  such 
others  as  I  esteem, — of  which  number  rank  yourself,  my 
dear  Ned,  among  the  first. 

"  Believe  me  to  be  sincerely  yours, 

"JOHN  JAY." 

It  will  be  recollected  that,  in  1775,  Mr.  Jay  had  been 
placed  by  Congress  on  a  secret  committee  of  correspond 
ence.  The  proceedings  of  this  committee  were  enveloped 
in  the  most  profound  secrecy,  and  they  led  to  important 
results.  Mr.  Jay  seems  to  have  been  its  chief  organ 
of  correspondence.  The  committee,  having  secured  the 
friendship  of  certain  individuals  in  France  and  Holland, 
sent  in  the  spring  of  this  year,  Mr.  Silas  Deane,  a  late 
member  of  Congress,  as  their  agent  to  France.  He  was 
directed  to  appear  in  that  country  as  a  merchant;  and 
certain  persons  were  mentioned  to  whom  he  was  to  confide 
the  object  of  his  mission,  and  through  whose  agency  he 
was  to  obtain  an  interview  with  Count  Vergennes,  the 
French  minister  for  foreign  affairs.  It  was  hoped  that  he 
would  thus  be  enabled  to  procure  military  supplies  for 
Congress. 

As  France  was  at  this  time  at  peace  with  England,  it 
became  necessary  to  resort  to  expedients  to  prevent  the 
consequences  that  might  result  from  the  miscarriage  of 
Mr.  Deane's  letters.  For  this  purpose,  he  was  provided 
with  an  invisible  ink,  and  Mr.  Jay  with  a  chymical  prepa 
ration  for  rendering  the  writing  legible.  But,  as  letters 
apparently  blank  might  excite  suspicions,  and  lead  to  ex 
periments  that  might  expose  the  contrivance,  Mr.  Deane's 
communications  were  written  on  large  sheets,  commencing 
with  a  short  letter  in  common  ink,  relative  to  some  fictitious 
person  or  business,  and  under  a  feigned  name,  and  the 


LIFE    OF   JOHN   JAY.  65 

residue  of  the  paper  was  occupied  by  his  despatch  in  the 
invisible  ink.  The  following  letters  from  Mr.  Morris,  a 
member  of  the  committee,  refer  to  this  secret  corre 
spondence. 

"TO  JOHN  JAY. 

"  Philadelphia,  Sept.  23,  1776. 
"DEAR    SlR, 

"  Although  your  express  delivered  me  your  favour  last 
Wednesday  or  Thursday,  yet  I  did  not  receive  the  letter 
from  Mr.  Deane  until  this  day,  and  shall  now  send  after  the 
express,  that  he  may  convey  this  safe  to  your  hands  ;  should 
he  be  gone  I  must  find  some  other  safe  conveyance.  You 
will  find  enclosed  both  Mr.  D — ne's  letters,  as  you  desired, 
and  I  shall  thank  you  for  the  copy  of  the  invisible  part. 
He  had  communicated  so  much  of  this  secret  to  me  before 
his  departure,  as  to  let  me  know  he  had  fixed  with  you  a 
mode  of  writing  that  would  be  invisible  to  the  rest  of  the 
world  ;  he  also  promised  to  ask  you  to  make  a  full  commu 
nication  to  me,  but  in  this  use  your  pleasure  ;  the  secret,  so 
far  as  I  do  or  shall  know  it,  will  remain  so  to  all  other  per 
sons.  It  appears  clear  to  me  that  we  may  very  soon  involve 
all  Europe  in  a  war,  by  managing  properly  the  apparent 
forwardness  of  the  court  of  France  ;  it  is  a  horrid  consider 
ation  that  our  own  safety  should  call  on  us  to  involve  other 
nations  in  the  calamities  of  war.  Can  this  be  morally  right, 
or  have  morality  and  policy  nothing  to  do  with  each  other  ? 
Perhaps  it  may  not  be  good  policy  to  investigate  the  question 
at  this  time.  I  will  therefore  only  ask  you  whether  General 
Howe  will  give  us  time  to  cause  a  diversion  favourable  to 
us  in  Europe.  I  confess  as  things  now  appear  to  me  the 
prospect  is  gloomy  indeed.  Therefore,  if  you  can  adminis 
ter  comfort,  do  it.  Why  are  we  so  long  deprived  of  your 
abilities  in  Congress  ?  Perhaps  they  are  more  usefully 
exerted  where  you  are  :  that  may  be  the  case  ;  but  such 

VOL.  I. K 


66  LIFE    OF   JOHN   JAY. 

men  as  you,  in  times  like  these,  should  be  everywhere.     I 
am  with  true  sentiments  of  respect  and  esteem, 

"  Dear  Sir, 
"  Your  obedient  and  humble  servant, 

"  ROBERT  MORRIS." 


"TO   JOHN    JAY. 

«  Philadelphia,  Feb.  4,  1777. 

"  DEAR  SIR, 

"  Your  favour  of  the  7th  ult.  came  safe  to  hand.  Tim 
othy  Jones  is  certainly  a  very  entertaining,  agreeable  man  ; 
one  would  not  judge  so  from  any  thing  contained  in  his  cold 
insipid  letter  of  the  17th  Sept.,  unless  you  take  pains  to  find 
the  concealed  beauties  therein  :  the  cursory  observations  of 
a  sea  captain  would  never  discover  them,  but  transferred 
from  his  hand  to  the  penetrating  eye  of  a  Jay,  the  diamonds 
stand  confessed  at  once.  It  puts  me  in  mind  of  a  search 
after  the  philosopher's  stone,  but  I  believe  not  one  of  the 
followers  of  that  phantom  have  come  so  near  the  mark  as 
you,  my  good  friend.  I  handed  a  copy  of  your  discoveries 
to  the  committee,  which  now  consists  of  Harrison,  R.  H. 
Lee,  Hooper,  Dr.  Witherspoon,  Johnson,  you,  and  myself; 
and  honestly  told  them  who  it  was  from,  because  measures 
are  necessary  in  consequence  of  it ;  but  I  have  not  received 
any  directions  yet. 

"  I  should  never  doubt  the  success  of  measures  con 
ducted  by  such  able  heads  as  those  that  take  the  lead 
in  your  Convention.  I  hate  to  pay  compliments,  and 
would  avoid  the  appearance  of  doing  it,  but  I  cannot 
refrain  from  saying  I  love  Duane,  admire  Mr.  Livingston, 
and  have  an  epithet  for  you  if  I  had  been  writing  to  another. 
1  wish  you  had  done  with  your  Convention  ;  you  are  really 
wanted  exceedingly  in  Congress :  they  are  very  thin. 
Adieu,  my  dear  sir  ;  God  bless  you,  and  grant  success  to 


LIFE    OF   JOHN   JAY.  67 

America  in  the  present  contest,  with  wisdom  and  virtue 
to  secure  peace  and  happiness  to  her  sons  in  all  future 
ages. 

"  I  am,  with  true  regard, 

"  Your  most  obedient  servant, 

"ROBERT  MORRIS." 

The  secret  letter,  alluded  to  by  Mr.  Morris,  was  masked 
by  the  following  note  in  common  ink,  at  the  top  of  the 
page. 

"Bordeaux,  Sept.  17th,  1776. 
"  DEAR  SIR, 

"  I  have  now  to  inform  you  of  my  safe  arrival  at  this 
place,  after  a  passage  of  thirty-two  days  from  Martinico, 
and  am  so  extremely  weak  that  I  am  scarcely  able  to  hold 
my  pen,  yet  could  not  let  this  opportunity  slip  of  letting 
you  know  where  I  am,  and  that  I  have  a  prospect  of  re 
covering  ;  for  though  weak,  my  fever  and  cough  have  left 
me  almost  entirely.  There  is  not  much  news  here,  and  if 
there  was,  I  should  not  dare  to  write  it,  as  that  might  inter 
cept  the  letter  if  taken.  My  compliments  to  all  friends. 

"  Yours, 

"  TIMOTHY  JONES. 

"  John  Jay,  Esq.,  Attorney  at  Law." 

* 

When  a  single  sheet  was  insufficient  for  the  secret  des 
patch,  Mr.  Timothy  Jones,  or  some  other  imaginary  gen 
tleman,  requested  the  favour  of  Mr.  Jay  to  forward  the 
enclosed  letter  agreeably  to  its  direction ;  and  the  enclosed 
letter,  with  the  exception  of  a  short  note  on  some  fictitious 
business,  was  filled  with  the  residue  of  the  despatch  in 
invisible  ink.  The  secret  writing  is  now  wholly  illegible, 
and  the  paper  much  corroded  by  the  liquid  with  which  it 
had  been  washed.  The  dates  of  these  letters  are  all 
endorsed,  and  on  comparing  them  with  the  dates  of  Mr. 
Deane's  letters,  published  in  the  American  Diplomatic  Cor- 


68  LIFE    OF   JOHN   JAY. 

respondence,  it  appears  that  some  of  the  letters  have  never 
been  made  public;  and  that  others  were  copied  by  Mr. 
Jay  for  the  committee,  and  have  thus  been  preserved. 

The  successful  result  of  Mr.  Deane's  mission  is  too  well 
known  to  render  any  details  respecting  it  necessary. 


CHAPTER  III. 
1777-9. 

Mr.  Jay  reports  Draught  of  a  Constitution  for  the  State — Constitution  adopted 
— He  is  appointed  Chief  Justice,  and  Member  of  the  Council  of  Safety — 
Writes  Letter  to  People  of  Tryon  County— His  Correspondence  with 
General  Schuyler — Extracts  from  his  first  Charge  to  Grand  Jury — Con 
sultation  with  General  Washington  about  Invasion  of  Canada — Extracts 
from  Private  Correspondence — Is  appointed  Delegate  to  Congress — 
Chosen  President  of  Congress — Resigns  Office  of  Chief  Justice — At 
request  of  Congress,  writes  Letter  to  the  States  on  the  Public  Finances — 
His  Conduct  relative  to  Vermont — Appointed  Minister  Plenipotentiary  to 
Spain. 

THE  Convention  of  New- York  had  been  elected  in  1776, 
for  the  double  purpose  of  forming  a  constitution  for  the 
State,  and  of  exercising,  until  that  duty  had  been  performed, 
all  the  powers  of  government.  But  such  was  the  exposed 
situation  of  the  State,  and  so  various  and  important  the 
affairs  which  continued  to  claim  the  attention  of  the  Con 
vention,  that  it  was  long  before  it  found  itself  at  leisure  to 
enter  upon  the  grave  task  of  preparing  a  constitution. 
Indeed,  the  Convention  frequently  found  it  necessary,  in 
consequence  of  the  inroads  of  the  enemy,  abruptly  to  ad 
journ,  and  again  to  assemble  at  another  place.  Thus  at 
different  times  they  met  at  Harlaem,  Kingsbridge,  Philips's 
Manor,  Fishkill,  White  Plains,  Poughkeepsie,  and  Kingston. 


LIFE    OF   JOHN   JAY.  69 

On  the  1st  of  August,  1776,  a  committee  was  appointed 
to  prepare  and  report  a  constitution.  Of  this  committee 
Mr.  Jay  was  chairman,  and  its  duty  appears  to  have  been 
assigned  to  him.  Upon  reflecting  on  the  character  and 
feelings  of  the  Convention,  he  thought  it  most  prudent  to 
omit  in  the  draught  several  provisions  that  appeared  to  him 
important,  and  afterward  to  propose  them  separately  as 
amendments.  This  course  was  followed,  but  the  precipita 
tion  with  which  the  instrument  was  finally  adopted  in  his 
absence,  prevented  it  from  being  carried  into  full  execution. 
On  the  12th  of  March,  the  committee  reported  their  plan 
of  a  constitution,  which  is  in  Mr.  Jay's  handwriting.  The 
final  question  on  the  proposed  constitution  was  not  taken 
till  the  20th  of  April.  A  few  days  previous,  Mr.  Jay  had 
been  summoned  to  attend  his  dying  mother;  and  before 
his  return,  the  constitution  was  adopted,  with  some  addi 
tions  and  omissions  which  he  regretted.  In  a  letter  to  two 
gentlemen  of  the  Convention,  dated  29th  of  April,  he  ex 
pressed  himself  with  great  freedom  on  the  hurried  manner 
in  which  this  important  business  had  been  concluded,  and 
pointed  out  his  objections  to  the  additions  that  had  been 
made  in  his  absence.  "  The  other  parts  of  the  constitu 
tion,"  he  observed,  "  I  approve  ;  and  only  regret  that,  like 
a  harvest  cut  before  it  was  all  ripe,  some  of  the  grains 
have  shrunk.  Exclusive  of  the  clauses  which  I  have  men 
tioned,  and  which  I  wish  had  been  added,  another  material 
one  has  been  omitted:  viz.  a  direction  that  all  persons 
holding  offices  under  the  government  should  swear  alle 
giance  to  it,  and  renounce  all  allegiance  and  subjection  to 
foreign  kings,  princes,  and  states,  in  all  matters,  ecclesias 
tical  as  well  as  civil.  /  should  also  have  been  for  a  clause 
against  the  continuance  of  domestic  slavery,  and  for  the 
support  and  encouragement  of  literature  ;  as  well  as  some 
other  matters,  though,  perhaps,  of  less  consequence. 

"  Though  the  birth  of  the  constitution  is,  in  my  opinion,, 
premature,  I  shall,  nevertheless,  do  all  in  my  power  to 


70  LIFE    OP   JOHN   JAY. 

nurse  and  keep  it  alive ;  being  far  from  approving  the 
Spartan  law,  which  encouraged  parents  to  destroy  such  of 
their  children  as,  perhaps  by  some  cross  accident,  might 
come  into  the  world  defective  and  misshapen." 

From  this  letter,  it  is  probable  that  the  State  of  New- 
York  was  deprived,  by  Mr.  Jay's  absence,  of  the  honour 
of  setting  the  first  example  in  America  of  the  voluntary 
abolition  of  slavery.  By  this  constitution,  the  right  of 
suffrage  was,  in  several  instances,  restricted  to  freeholders ; 
it  being  a  favourite  maxim  with  Mr.  Jay,  that  those  who 
own  the  country  ought  to  govern  it. 

The  Convention,  having  now  provided  a  constitution  for 
the  State,  took  measures  for  putting  it  into  operation.  For 
this,  however,  time  was  necessary.  The  governor  and 
legislature  were  to  be  elected,  and  the  various  departments 
of  government  to  be  organized.  The  Convention  was 
anxious  to  terminate  its  long  and  laborious  session,  but  it 
was  necessary  to  provide  for  the  administration  of  the 
government  in  the  interim;  and  for  this  purpose,  it  pro 
ceeded  to  appoint  such  judicial  and  other  officers  as  were 
more  immediately  required  by  the  actual  situation  of  the 
State,  who  were  to  hold  their  offices  till  the  new  govern 
ment  was  organized.  Under  this  arrangement,  Mr.  Jay 
was  appointed  chi&f  justice  of  the  Supreme  Court ;  and  his 
friend,  Robert  R.  Livingston,  Esq.,  chancellor.  By  the 
new  constitution,  the  judges  of  the  Supreme  Court  were 
restrained  from  holding  any  other  office  than  that  of  dele 
gate  to  Congress  on  special  occasions.  As  no  such  occa 
sion  existed  at  present,  Mr.  Jay's  elevation  to  the  bench 
vacated  his  commission  as  delegate. 

To  provide  still  further  for  the  administration  of  govern 
ment,  the  Convention  appointed  certain  of  their  own  mem 
bers  "  a  Council  of  Safety,"  and  then  dissolved.  From  the 
dissolution  of  the  Convention  in  May  till  the  meeting  of  the 
Legislature  in  September,  Mr.  Jay  was  almost  constantly 
occupied  in  the  Council  of  Safety,  of  which  he  was  a  member. 


LIFE    OP   JOHN   JAY.  71 

The  council  directed  the  military  operations  of  the  State ; 
exercised  the  power  of  life  and  death  ;  and  in  short,  wielded 
an  absolute  sovereignty  :  but  it  was  composed  of  men  who 
possessed  and  merited  the  confidence  of  the  people.  The 
period  was  one  of  peril  to  the  State  of  New- York.  A 
British  army  had  invaded  it  from  the  north,  and  Ticon- 
deroga  had  fallen;  while  another  hostile  army  held  the 
metropolis,  and  threatened  the  lower  counties,  and  was 
preparing  to  form  a  junction  with  Burgoyne ;  which,  if 
effected,  would  subject  the  whole  State  to  the  British  arms. 
At  this  crisis,  too,  the  disaffected  in  all  parts  of  the  State 
were  active  in  aiding  the  enemy,  by  raising  troops,  giving 
intelligence,  and  exciting  conspiracies.  In  many  instances, 
even  the  well-disposed  were  disheartened  by  the  prospect 
before  them,  and  despairing  of  a  successful  issue  of  the 
contest,  began  to  think  of  accepting  the  pardon  and  protec 
tion  offered  by  the  proclamations  of  the  British  com 
manders.  This  was  particularly  the  case  in  the  county  of 
Tryon  (now  Montgomery),  and  the  Council  of  Safety 
addressed  to  them  the  following  animating  letter,  written  t 
by  Mr.  Jay. 

**IN    COUNCIL    OF    SAFETY. 

"  To  the  General  Committee  of  Tryon  County. 

"  Kingston,  22d  July,  1777. 
4<  GENTLEMEN, 

"  We  have  received  your  letter,  and  several  others  from 
different  parts  of  your  county,  and  are  no  less  affected  by 
the  dangers  than  the  fears  of  the  people  of  Tryon.  It  is 
with  the  utmost  concern  that  we  hear  of  the  universal 
panic,  despair,  and  despondency  which  prevail  throughout 
your  county.  We  flattered  ourselves  that  the  approach  of 
the  enemy  would  have  animated,  and  not  depressed  their 
spirits.  What  reason  is  there  to  expect  that  Heaven  will 
help  those  who  refuse  to  help  themselves ;  or  that  Provi 
dence  will  grant  liberty  to  those  who  want  courage  to 


72  LIFE    OF   JOHN    JAY. 

defend  it.  Are  the  great  duties  they  owe  to  themselves, 
their  country,  and  posterity,  so  soon  forgotten  ?  Let  not 
the  history  of  the  present  glorious  contest  declare  to  future 
generations  that  the  people  of  your  county,  after  making 
the  highest  professions  of  zeal  for  the  American  cause,  fled 
at  the  first  appearance  of  danger,  and  behaved  like  women. 
This  unmanly  conduct  gives  us  great  concern.  We  feel 
too  much  for  your  honour  and  reputation  not  to  be  uneasy. 
Instead  of  supplicating  the  protection  of  your  enemies, 
meet  them  with  arms  in  your  hands — make  good  your 
professions,  and  let  not  your  attachment  to  freedom  be 
manifested  only  in  your  words. 

"  We  could  scarcely  have  believed  that  a  man  among 
you  would  have  thought  of  protections  (as  they  are  falsely 
called)  from  the  enemy.  Of  what  advantage  have  they 
been  to  the  deluded  wretches  who  accepted  them  in  Jersey, 
New- York,  Westchester,  and  Long  Island  ?  After  being 
seduced  from  their  duty  to  their  country,  they  were  plun 
dered,  robbed,  cast  into  prison,  treated  as  slaves,  and 
t  abused  in  a  manner  almost  too  savage  and  cruel  to  be 
related.  We  ought  to  profit  by  the  woful  experience  of 
others,  and  not  with  our  eyes  open  run  to  destruction. 
Nor  imagine  you  will  remain  unsupported  in  the  hour 
of  trial.  We  consider  you  as  part  of  the  State,  and  as 
equally  entitled  with  other  counties  to  the  aid  of  the 
whole." 

After  giving  some  orders  for  imbodying  the  militia,  the 
letter  proceeded :  "  Let  all  differences  among  you  cease. 
Let  the  only  contest  be,  who  shall  be  foremost  in  defending  his 
country.  Banish  unmanly  fear,  acquit  yourselves  like  men, 
and  with  firm  confidence  trust  the  event  with  that  Almighty 
and  benevolent  Being  who  hath  commanded  you  to  hold 
fast  the  liberty  with  which  he  has  made  you  free  ;  and  who 
is  able  as  well  as  willing  to  support  you  in  performing  his 
orders.  If  you  can  prevail  on  your  people  to  exert  their 
own  strength,  all  will  be  well.  Let  us  again  beseech  and 


LIFE    OF    JOHN    JAY.  73 

entreat  you,  for  the  honour  and  reputation,  as  well  as  the 
safety  of  the  State,  to  behave  like  men/' 

To  his  friend  Governeur  Morris,  Mr.  Jay  thus  wrote 
respecting  this  county.  "  The  situation  of  Tryon  county 
is  both  shameful  and  deplorable.  Such  abject  dejection  and 
despondency  as  mark  the  letters  we  have  received  from 
thence,  disgrace  human  nature.  God  knows  what  to  do 
with  or  for  them.  Were  they  alone  interested  in  their  fate, 
I  should  be  for  leaving  their  cart  in  the  slough  till  they 
would  put  their  shoulder  to  the  wheel." 

After  the  adoption  of  the  constitution  it  became  necessary 
to  select  a  person  for  the  office  of  governor  of  the  State,  and 
Mr.  Jay  was  solicited  to  accept  it.  The  following  letter 
states  the  reason  of  his  refusal. 

"  TO    ABRAHAM    YATES,  JUN. 

«  16th  May,  1777. 

"  DEAR  SIR, 

"From  the  information  you  was  pleased  to  give  me,  before 
you  left  this  place,  that  it  would  be  proposed  in  the  county 
of  Albany  to  hold  me  up  as  candidate  for  the  office  of 
governor,  I  think  it  necessary  to  be  very  explicit  on  that 
subject.  That  the  office  of  first  magistrate  of  this  State  will 
be  more  respectable  as  well  as  more  lucrative,  and  con 
sequently  more  desirable,  than  the  place  I  now  fill,  is  very 
apparent.  But,  sir,  my  object  in  the  course  of  the  present 
great  contest  neither  has  been,  nor  will  be,  either  rank  or 
money.  I  am  persuaded  that  I  can  be  more  useful  to  the* 
State  in  the  office  I  now  hold  than  in  the  one  alluded  to,  and 
therefore  think  it  my  duty  to  continue  in  it.  You  are 
acquainted  with  the  reasons  which  induce  me  to  be  of  this 
opinion  ;  and  although  I  entertain  a  high  sense  of  the  honour 
which  my  friends  are  disposed  to  confer  upon  me,  I  must 
request  the  favour  of  them  not  to  encourage  my  being 
named  as  a  candidate  for  that  office,  but  to  endeavour  to 

VOL.  I. L 


74  LIFE    OF   JOHN    JAY. 

unite  the  votes  of  the  electors  in  the  county  of  Albany  in 
favour  of  some  other  gentleman. 

"  I  am,  dear  sir, 
"  Your  most  obedient  and  humble  serv't, 

"  JOHN  JAY." 

The  fall  of  Ticonderoga  excited  universal  clamour  and 
suspicion,  and  was  generally  attributed  to  treachery  or 
incapacity.  As  this  important  fortress  was  situated  within 
the  military  department  of  General  Schuyler,  that  faithful 
and  vigilant  officer  was  in  public  estimation  held  respon 
sible  for  its  disgraceful  evacuation,  although  it  occurred  in 
his  absence  and  without  his  knowledge.  Mr.  Jay's  know 
ledge  of  Schuyler's  character  led  him  immediately  to  do 
him  that  justice  which  his  country  tardily  awarded  him,  and 
his  friendship  prompted  the  following  letters. 

"  TO    GENERAL    SCHUYLEK. 

"Kingston,  21st  July,  1777. 

"DEAR  SIR, 

"  Your  favour  of  the  14th  inst.  came  safe  to  hand.  I  am 
happy  to  see  so  much  cheerfulness  diffused  through  it.  I 
hope  your  sweet  smiling  genius  won't  .play  the  coquette. 
The  confidential  part  of  your  letter  shall  remain  secret. 
Putnam's  answer  was  cautious  ;  he  believed  there  was  a 
fault  somewhere,  but  neither  excused  nor  accused  anybody ; 
nor  did  he  take  any  notice  of  that  part  of  our  letter  which 
•respected  you.  This  kind  of  reserve  is  not  friendly.  The 
evacuation  of  Ticonderoga  continues  to  be  the  subject,  not 
only  of  general  speculation,  but  also  of  general  censure  and 
reproach.  The  public,  not  being  furnished  with  the  reasons 
for  that  measure,  are  left  to  form  their  own  conjectures,  and 
seem  very  universally  to  impute  it  to  treachery  and  practice 
with  the  enemy ;  nor  are  the  four  generals  alone  the  objects 
of  suspicion  ;  it  reaches  you. 

"  It  is  unnecessary  to  observe,  that  like  many  other  worthy 


LIFE    OF    JOHN    JAY.  75 

characters,  you  have  your  enemies  ;  and  it  is  also  true  that 
countenance  is  indirectly  given  to  the  popular  suspicions  by 
persons  from  whom  I  should  have  expected  more  candour, 
or  I  may  say  more  honesty. 

"  It  is  said,  but  I  know  not  with  what  truth,  that  Sinclair, 
on  being  asked  by  some  of  his  officers  why  the  fort  was 
evacuated,  replied  generally,  that  he  knew  what  he  did  ; 
that  on  his  own  account  he  was.very  easy  about  the  matter, 
and  that  he  had  it  in  his  power  to  justify  himself.  From 
hence  some  inferred  that  he  must  have  alluded  to  orders 
from  you. 

"  Another  report  prevails,  that  some  short  time  before 
the  fort  was  left,  a  number  of  heavy  cannon  were  by  your 
order  dismounted  and  laid  aside,  and  small  ones  placed  in 
their  room.  This  is  urged  as  circumstantial  proof  against 
you. 

"  The  ship-carpenters  have  come  down,  much  dissatisfied 
and  clamorous.  In  short,  sir,  that  jealousy  which  ever  pre 
vails  in  civil  wars,  added  to  the  disappointment  and  indig 
nation  which  the  people  feel  on  this  occasion,  together  with 
the  malice  of  your  enemies,  require  that  the  integrity  and 
propriety  of  your  conduct  be  rendered  so  evident,'  as  that 
there  may  not  be  a  hook  or  loop  whereon  to  hang  a  doubt. 

"  I  forgot  to  mention  that  stress  is  also  laid  on  your  dis 
tance  from  the  fort  at  the  time  of  the  enemy's  approach, 
and  from  this  circumstance  unfavourable  conclusions  are 
drawn. 

"  Your  friends  in  the  mean  time  are  not  idle  ;  they  argue 
that  you  would  have  been  highly  reprehensible,  if  you  had, 
by  being  in  a  fort  besieged,  deprived  the  other  parts  of  the 
department  of  your  services  and  superintendence.  That 
they  are  assured  of  your  having  neither  ordered  or  been 
privy  to  the  evacuation  of  the  fort,  &c.  &c.  &c.  A  clear, 
short,  and  authentic  statement  of  facts  can  alone  do  the  work ; 
while  the  people  remain  uninformed  they  will  suspect  the 
worst.  I  think  the  generals  (who  are  mortal  if  honest) 


76  LIFE    OF    JOHN    JAY. 

ought  to  give  you  a  certificate  that  Ticonderoga  was  left 
without  your  direction,  advice,  or  knowledge  ;  and  I  submit 
to  you  whether  it  would  not  be  expedient  to  write  such  a 
letter  to  the  Council  of  Safety  on  this  subject,  as  they  could 
with  propriety  publish.  I  think  it  should  not  look  like  a 
defence,  though  it  should  amount  to  it.  It  should  take  no 
notice  of  accusations,  and  yet  remove  all  grounds  for  them. 
Charges  may  be  answered  without  seeming  to  know  of  any; 
a  defence  more  pointed  and  particular  would  give  a  certain 
degree  of  consequence  even  to  calumny,  and  resemble  an 
implied  admission  that  there  was  apparent  room  for 
suspicion. 

"  In  one  of  your  late  letters  to  the  council  was  this  senti 
ment.  *  You  wished  the  evacuation  might  not  be  too  much 
depreciated  ;'  and  your  reasons  for  this  caution  may  have 
weight ;  but,  sir,  a  certain  gentleman  at  that  board,  whom 
I  need  not  name,  and  from  whom  I  do  not  desire  this  infor 
mation  should  be  concealed,  is  in  my  opinion  your  secret 
enemy.  He  professes  much  respect,  &c.  for  you ;  he  can't 
see  through  the  business  ;  he  wishes  you  had  been  nearer  to 
the  fort,  though  he  does  not  doubt  your  spirit ;  he  thinks  we 
ought  to  suspend  our  judgment,  and  not  censure  you  rashly ; 
he  hopes  you  will  be  able  to  justify  yourself,  &c.  &c. 
Observe  so  much  caution,  therefore,  in  your  letters,  as  to  let 
them  contain  nothing  which  your  enemies  may  wrest  to  their 
own  purposes. 

"  I  must  also  inform  you  that  the  flying  seals  of  your 
letters  to  General  Washington  often  arrive  there  broken. 
That  from  the  different  colour  of  the  wax,  if  not  from  the 
clumsy  manner  in  which  they  are  often  put  up  by  the 
secretaries,  it  can  be  no  difficult  matter  for  those  who 
receive  them  to  perceive  that  they  have  been  inspected.  I 
wish  some  other  mode  was  devised. 

"  Thus,  sir,  I  have  performed  the  unpleasing  task  of 
writing  to  you  with  much  freedom  on  a  very  disagreeable 


LIFE    OF    JOHN    JAY.  77 

subject,  and  of  acquainting  you  with  facts  that  will  give 
you  pain,  and  put  your  equanimity  to  a  trial. 

"  I  won't  apologize  for  the  liberty  I  have  taken,  being 
persuaded  that  you  will  consider  it  as  a  proof  of  the  regard 
with  which  I  am,  dear  sir, 

"  Your  friend  and  humble  servant, 

"  JOHN  JAY." 

"TO  GENERAL  SCHUYLER. 

"  Kingston,  26th  July,  1777. 
"DEAR    SlR, 

"  Your  favour  of  the  24th  instant,  covering  a  letter  from 
General  St.  Clair,  was  delivered  to  me  this  evening.  I  have 
sent  the  latter  to  the  press ;  it  will  be  printed  entire.  Ex 
tracts  might  be  followed  by  suspicions.  The  malicious 
might  remark,  that  parts  were  concealed  which,  if  made 
known,  would  probably  give  a  different  colour  to  the 
whole.  A  number  of  Holt's  papers  shall  be  sent  to  you, 
and  care  taken  to  transmit  others  to  Congress,  to  head 
quarters,  to  Peekskill,  &c.  I  shall  also  request  Loudon  to 
reprint  it. 

"  This  attack  on  your  reputation  will,  I  hope,  do  you  only 
a  temporary  injury.  The  honest  though  credulous  multi 
tude,  when  undeceived,  will  regret  their  giving  way  to  sus 
picions  which  have  led  them  to  do  you  injustice. 

"  I  have  reason  to  suspect  that  the  Council  of  Safety 
believed  that  Ticonderoga  was  left  by  your  direction  or 
advice,  or  with  your  knowledge.  They  appear  fully  satis 
fied  of  the  contrary,  and,  in  my  opinion,  St.  Clair's  letter 
will  remove  all  doubts  on  that  head. 

"  The  propriety  of  appointing  a  committee  to  inquire  into 
your  conduct  appears  to  me  very  questionable.  Supposing 
it  unexceptionable  in  point  of  delicacy  with  respect  to  you 
(which  I  by  no  means  think  it),  yet  as  this  Council  and  the 
late  Convention  have,  on  certain  occasions,  made  your  cause 
their  own,  your  enemies  would  not  fail  to  insinuate  that  the 


78  LIFE    OF   JOHN    JAY. 

proposed  inquiry  was  a  mere  contrivance  to  give  a  favoura 
ble  complexion  to  your  conduct.  Your  readiness  to  submit 
to  such  an  inquiry  is  no  doubt  a  strong  argument  of  inno 
cence  and  conscious  rectitude  ;  but  whether  it  would  not  be 
assuming  in  the  Council  to  propose  it,  and  inconsistent  with 
the  dignity  of  your  station  to  accede  to  it,  are  questions  of 
importance.  Besides,  a  proposition  so  apparently  officious 
and  out  of  their  line  might  perhaps  be  maliciously  ascribed 
to  their  apprehensions  of  mismanagement,  and  consequently 
cast  weight  in  the  scale  against  you. 

"  A  temperate  statement  of  facts,  formed  from  the  mate 
rials  you  mention,  would  doubtless  set  your  conduct  in  its 
true  point  of  view.  Although  a  strict  scrutiny  may  be 
eligible,  yet  how  far  it  would  be  proper  to  press  Congress 
to  adopt  that  measure  is  worth  consideration.  The  affairs 
of  the  northern  department  have  lately  engaged  much  of 
their  time  and  attention.  The  evacuation  of  Ticonderoga 
will  naturally  bring  about  an  inquiry.  The  country  will 
not  be  satisfied  without  it.  You  will  then  have  a  fair  oppor 
tunity  of  vindicating  your  conduct.  The  manner  in  which 
you  account  for  the  removal  of  the  cannon  mentioned  in  my 
letter  is  very  satisfactory.  Mr.  Morris  returned  this  after 
noon.  The  Council  were  displeased  with  the  last  letter 
from  him  and  Mr.  Yates.  They  have  passed  a  resolution 
declaring  it  disrespectful  and  unsatisfactory,  and  dissolved 
that  committee.  They  have,  nevertheless,  joined  Mr.  Mor 
ris  with  me,  and  directed  us  to  repair  to  head-quarters,  to 
confer  with  his  excellency  on  the  state  of  your  army,  the 
means  of  reinforcing  it,  &c.  We  set  out  to-morrow.  With 
the  best  wishes  for  your  health  and  prosperity, 
"  I  am,  dear  sir, 

"Your  friend  and  obt.  servant, 

"JoHN  JAY." 

On  the  1st  of  August,  Congress  recalled  General  Schuyler 
from  the  command  of  the  northern  army,  and  soon  after 


LIFE    OP    JOHN    JAY.  79 

appointed  General  Gates  in  his  room.  By  this  measure,  the 
suspicions  that  had  attached  to  Schuyler  were  apparently 
countenanced  by  Congress ;  and  he  had  moreover  the  mor 
tification  of  seeing  the  laurels  which  had  been  reared  by 
his  care  and  labours  plucked  by  another.  Congress,  how 
ever,  had  themselves  no  doubt  of  General  Schuyler's  pat 
riotism  and  ability.  The  true  but  secret  reason  of  his 
recall  was  stated  at  the  time  in  a  letter  from  Mr.  Duane, 
then  in  Congress,  to  Mr.  Jay.  "  General  Schuyler,  to 
humour  the  eastern  people,  who  declare  that  their  militia 
will  not  fight  under  his  command,  is  recalled." 

On  the  9th  of  September,  the  first  term  of  the  Supreme 
Court  of  the  State  of  New- York  was  held  at  Kingston,  and 
the  chief  justice  delivered  the  charge  to  the  grand  jury. 
Various  considerations  combined  to  render  this  event  pecu 
liarly  interesting.  A  government  venerable  for  its  antiquity, 
and  endeared  to  its  subjects  for  the  freedom  and  happiness 
it  had  conferred,  had  been  renounced  for  its  recent  oppression 
and  injustice,  and  a  new  government  had  just  been  estab 
lished  by  the  people,  amid  the  tumult  of  arms  and  in  the 
presence  of  a  powerful  and  infuriated  enemy.  The  suc 
cess  of  the  undertaking  was  still  apparently  dubious.  The 
State  of  New- York  was  at  the  moment  invaded  by  a  for 
midable  army  at  the  north,  under  Burgoyne,  who  was 
approaching  Albany,  and  had  already  reached  the  Hudson ; 
while  another  army  in  the  south  was  preparing  to  effect 
a  junction  with  the  first,  and  a  few  weeks  after  laid  in 
ashes  the  very  village  in  which  the  court  was  now  assem 
bled.  At  such  a  time  and  under  such  circumstances  was 
the  temple  of  justice,  which  had  long  been  closed,  reopened, 
and  he  who  had  been  one  of  the  earliest  assertors  of  his 
country's  rights  was  seen,  full  of  faith  and  zeal,  ministering  at 
the  altar.  The  late  disasters  on  the  frontiers,  the  invasion 
of  the  State,  and  the  approach  of  the  enemy  threw  no  shades 
over  the  bright  prospect  of  his  country's  glory  and  happi 
ness,  which,  in  prophetic  vision,  he  saw  rising  before  him. 


80  LIFE    OP   JOHN    JAY. 

"  It  affords  me,  gentlemen,"  said  the  chief  justice  to  the 
grand  jury,  "very  sensible  pleasure  to  congratulate  you 
on  the  dawn  of  that  free,  mild,  and  equal  government  which 
now  begins  to  rise  and  break  from  amid  those  clouds  of 
anarchy,  confusion,  and  licentiousness  which  the  arbitrary 
and  violent  domination  of  Great  Britain  had  spread  in 
greater  or  less  degrees  throughout  this  and  the  other  Ameri 
can  States.  This  is  one  of  those  signal  instances  in  which 
Divine  Providence  has  made  the  tyranny  of  princes  instru 
mental  in  breaking  the  chains  of  their  subjects,  and  rendered 
the  most  inhuman  designs  productive  of  the  best  conse 
quences  to  those  against  whom  they  were  intended. 

"  The  infatuated  sovereign  of  Britain,  forgetful  that  kings 
were  the  servants,  not  the  proprietors,  and  ought  to  be  the 
fathers,  not  the  incendiaries  of  their  people,  hath,  by  destroy 
ing  our  former  constitutions,  enabled  us  to  erect  more  eligible 
systems  of  government  on  their  ruins  ;  and,  by  unwarranta 
ble  attempts  to  bind  us  in  all  cases  whatever,  has  reduced 
us  to  the  happy  necessity  of  being  free  from  his  control  in 
any. 

"  Whoever  compares  our  present  with  our  former  con 
stitution  will  find  abundant  reason  to  rejoice  in  the  exchange, 
and  readily  admit  that  all  the  calamities  incident  to  this 
war  will  be  amply  compensated  by  the  many  blessings  flow 
ing  from  this  glorious  revolution — a  revolution  which,  in 
the  whole  course  of  its  rise  and  progress,  is  distinguished 
by  so  many  marks  of  the  Divine  favour  and  interposition, 
that  no  doubt  can  remain  of  its  being  finally  accomplished. 

"  It  was  begun  and  has  been  supported  in  a  manner  so 
singular,  and  I  may  say  miraculous,  that  when  future  ages 
shall  read  its  history,  they  will  be  tempted  to  consider  a 
great  part  of  it  as  fabulous.  What,  among  other  things, 
can  appear  more  unworthy  of  credit,  than  that,  in  an 
enlightened  age,  in  a  civilized  and  Christian  country,  in  a 
nation  so  celebrated  for  humanity  as  well  as  love  of  liberty 
and  justice  as  the  English  once  justly  were,  a  prince  should 


OFTHE 

UNIVERSITY 

°F  ^^7 

LIFE    OP   JOHN    JAY.  81 

arise  who,  by  the  influence  of  corruption  alone,  should  be 
able  to  seduce  them  into  a  combination  to  reduce  three 
millions  of  his  most  loyal  and  affectionate  subjects  to  abso 
lute  slavery,  under  pretence  of  a  right,  appertaining  to  God 
alone,  of  binding  them  in  all  cases  whatever,  not  even  except 
ing  cases  of  conscience  and  religion  ? 

"  What  can  appear  more  improbable,  although  true,  than 
that  this  prince  and  his  people  should  obstinately  steel  their 
hearts  and  shut  their  ears  against  the  most  humble  petitions 
and  affectionate  remonstrances,  and  unjustly  determine,  by 
violence  and  force,  to  execute  designs  which  were  repro 
bated  by  every  principle  of  humanity,  equity,  gratitude,  and 
policy?  Will  it  not  appear  extraordinary  that  thirteen 
colonies,  the  object  of  their  wicked  designs,  divided  by 
variety  of  governments  and  manners,  should  immediately 
become  one  people,  and,  though  without  funds,  without 
magazines,  without  disciplined  troops,  in  the  face  of  their 
enemies  unanimously  determine  to  be  free,  and,  undaunted 
by  the  power  of  Britain,  refer  their  cause  to  the  justice  of 
the  Almighty,  and  resolve  to  repel  force  by  force, — thereby 
presenting  to  the  world  an  illustrious  example  of  magna 
nimity  and  virtue  scarcely  to  be  paralleled  ?  Will  it  not 
be  matter  of  doubt  and  wonder,  that  notwithstanding  these 
difficulties,  they  should  raise  armies,  establish  funds,  carry 
on  commerce,  grow  rich  by  the  spoils  of  their  enemies,  and 
bid  defiance  to  the  armies  of  Britain,  the  mercenaries  of 
Germany,  and  the  savages  of  the  wilderness  ?  But,  how 
ever  incredible  these  things  may  in  future  appear,  we  know 
them  to  be  true  ;  and  we  should  always  remember,  that  the 
many  remarkable  and  unexpected  means  and  events  by 
which  our  wants  have  been  supplied  and  our  enemies 
repelled  or  restrained,  are  such  strong  and  striking  proofs 
of  the  interposition  of  Heaven,  that  our  having  been  hitherto 
delivered  from  the  threatened  bondage  of  Britain  ought,  like 
the  emancipation  of  the  Jews  from  Egyptian  servitude,  to 
be  for  ever  ascribed  to  its  true  cause  ;  and  instead  of  swell- 

VOL.  I. M 


82  LIFE    OF    JOHN    JAY. 

ing  our  breasts  with  arrogant  ideas  of  our  power  and  im 
portance,  kindle  in  them  a  flame  of  gratitude  and  piety 
which  may  consume  all  remains  of  vice  and  irreligion. 

"  Blessed  be  God,  the  time  will  now  never  arrive  when 
the  prince  of  a  country  in  another  quarter  of  the  globe  will 
command  your  obedience,  and  hold  you  in  vassalage.  His 
consent  has  ceased  to  be  necessary  to  enable  you  to  enact 
laws  essential  to  your  welfare  ;  nor  will  you  in  future  be 
subject  to  the  imperious  sway  of  rulers  instructed  to  sacri 
fice  your  happiness  whenever  it  might  be  inconsistent  with 
the  ambitious  views  of  their  royal  master." 

The  charge,  after  commenting  upon  several  features  of 
the  new  constitution,  proceeded : — "  Adequate  security  is 
also  given  to  the  rights  of  conscience  and  private  judgment. 
They  are  by  nature  subject  to  no  control  but  that  of  the 
Deity,  and  in  that  free  situation  they  are  now  left.  Every 
man  is  permitted  to  consider,  to  adore,  and  to  worship  his 
Creator  in  the  manner  most  agreeable  to  his  conscience. 
No  opinions  are  dictated,  no  rules  of  faith  prescribed,  no 
preference  given  to  one  sect  to  the  prejudice  of  others. 
The  constitution,  however,  has  wisely  declared,  that  the 
1  liberty  of  conscience  thereby  granted  shall  not  be  so  con 
strued  as  to  excuse  acts  of  licentiousness,  or  justify  practices 
inconsistent  with  the  peace  or  safety  of  this  State.'  In  a 
word,  the  Convention  by  whom  that  constitution  was 
formed  were  of  opinion  that  the  gospel  of  Christ,  like  the 
ark  of  God,  would  not  fall,  though  unsupported  by  the  arm 
of  flesh :  and  happy  would  it  be  for  mankind  if  that  opinion 
prevailed  more  generally. 

"But  let  it  be  remembered  that  whatever  marks  of 
wisdom,  experience,  and  patriotism  there  may  be  in  your 
constitution,  yet  like  the  beautiful  symmetry,  the  just  pro 
portion,  and  elegant  forms  of  our  first  parents  before  their 
Maker  breathed  into  them  the  breath  of  life,  it  is  yet  to  be 
animated,  and  till  then  may  indeed  excite  admiration,  but 
will  be  of  no  use  :  from  the  people  it  must  receive  its  spirit, 


LIFE    OF    JOHN    JAY.  83 

and  by  them  be  quickened.  Let  virtue,  honour,  the  love 
of  liberty  and  of  science  be  and  remain  the  soul  of  this 
constitution,  and  it  will  become  the  source  of  great  and 
extensive  happiness  to  this  and  future  generations.  Vice, 
ignorance,  and  want  of  vigilance  will  be  the  only  enemies 
able  to  destroy  it.  Against  these  be  for  ever  jealous. 

"  This,  gentlemen,  is  the  first  court  held  under  the 
authority  of  our  constitution,  and  I  hope  its  proceedings 
will  be  such  as  to  merit  the  approbation  of  the  friends,  and 
avoid  giving  cause  of  censure  to  the  enemies  of  the  present 
establishment."  The  residue  of  the  charge  related  to  the 
peculiar  duties  of  the  jury.* 

Mr.  Jay,  being  by  his  office  one  of  a  council  to  whom  all 
bills  were  submitted  before  they  could  become  laws,  was 
obliged  to  attend  the  Legislature  during  the  whole  of  its 
session.  This  attendance,  together  with  his  other  official 
duties,  occupied  most  of  his  time.  His  few7  leisure  moments 
appear  to  have  been  devoted  to  his  aged  and  surviving 
parent  at  Fishkill. 

In  the  autumn  of  this  year,  while  at  Fishkill,  Mr.  Jay 
received  a  visit  from  General  Washington,  whose  head 
quarters  were  at  the  time  in  the  adjoining  county  of  West- 
chester.  The  object  of  the  visit  was  a  confidential  con 
versation  on  a  plan  then  before  Congress,  for  the  invasion 
of  Canada  the  ensuing  campaign,  by  the  combined  forces 
of  the  United  States  and  of  France.  They  both  concurred 
in  disapproving  of  the  plan.  The  general  afterwards  ad 
dressed  a  letter  to  Congress  on  the  subject,  in  which  he 
urged  a  variety  of  objections  to  the  plan ;  but  for  obvious 
reasons  omitted  the  one  which  had  most  weight  in  his  mind, 
the  probability  that  the  French  would  insist  on  retaining 

*  Mr.  Jay,  as  we  have  already  stated,  was  appointed  chief  justice  by  the 
Convention,  and  was  to  hold  his  office  till  the  organization  of  the  govern 
ment  under  the  new  constitution.  This  event  took  place  soon  after  the 
delivery  of  the  charge,  when  he  was  duly  reappointed  under  the  con 
stitution. 


84  LIFE    OF    JOHN    JAY. 

Canada  if  conquered  by  their  aid,  and  the  danger  of  per 
mitting  them  thus  to  gain  a  footing  on  the  frontier  of  the 
United  States. 

We  have  already  remarked  that  the  stern,  uncompro 
mising  spirit  displayed  by  Mr.  Jay  in  his  political  opinions 
and  measures  arose  from  principle,  and  not  from  natural 
disposition.  The  two  following  letters  are  pleasing  illus 
trations  of  this  remark.  The  first  was  addressed  to  a 
gentleman  of  New- York,  who  had  accepted  a  royal  com 
mission,  and  was  then  a  prisoner  of  war  in  Hartford  jail ; 
the  other  to  an  old  friend,  who,  from  conscientious  motives, 
had  frankly  espoused  the  royal  cause,  and  was,  in  conse 
quence,  a  prisoner  on  parole. 

"TO  COLONEL  JAMES  DE  LANCEY. 
"  SIR, 

"  Notwithstanding  the  opposition  of  our  sentiments  and 
conduct  relative  to  the  present  contest,  the  friendship  which 
subsisted  between  us  is  not  forgotten ;  nor  will  the  good 
offices  formerly  done  by  yourself  and  family  cease  to  excite 
my  gratitude. 

"  How  far  your  situation  may  be  comfortable  and  easy, 
I  know  not :  it  is  my  wish,  and  shall  be  my  endeavour,  that 
it  be  as  much  so  as  may  be  consistent  with  the  interest  of 
that  great  cause  to  which  I  have  devoted  every  thing  I  hold 
dear  in  this  world.  I  have  taken  the  liberty  of  requesting 
Mr.  Samuel  Broome  immediately  to  advance  you  one  hun 
dred  dollars  on  my  account. 

"  Your  not  having  heard  from  me  sooner  was  unavoid 
able.     A  line  by  the  first  opportunity  will  oblige  me.     Be 
explicit,  and  avail  yourself  without  hesitation  of  the  friend 
ship  which  was  entertained  as  well  as  professed  for  you  by 
"  Your  obedient  and  humble  servant, 

"JoHN  JAY. 

"  Poughkeepsie,  2d  Jan.,  1778." 


LIFE    OF    JOHN    JAY.  85 


"  TO    PETER   VAN    SCHAACK. 

"  Poughkeepsie,  26th  June,  1778. 
"  DEAR  SIR, 

"  It  is  but  three  days  since  your  favour  of  the  3d  instant 
was  delivered  to  me.  A  fair  wind,  good  company,  the 
prospect  of  a  short  passage,  and  thereby  avoiding  the  fatigue 
and  inconvenience  of  a  journey  by  land,  induced  me  to 
return  from  Albany  by  water.  The  letter  you  mention  to 
have  written  on  the  subject  of  a  pass,  &c.  has  never  come 
to  hand.  On  conversing  with  the  governor  yesterday  on 
that  subject,  he  told  me,  he  lately  had  the  pleasure  of  seeing 
you,  and  had  settled  that  matter  to  your  satisfaction. 

"  I  am  of  the  number  of  those  who  think  exercise  and 
change  of  air  and  company  essential  to  your  health.  I 
might  add  a  third  requisite,  a  mind  at  ease.  The  two  first 
conduce  to  the  other.  Misfortunes,  and  severe  ones,  have 
been  your  lot.  The  reflection  that  they  happened  in  the 
course  of  a  providence  that  errs  not,  has  consolation  in  it. 
I  fear  too  that  your  sensibility  is  wounded  by  other  circum 
stances  ;  but  these  are  wounds  not  to  be  probed  in  a  letter. 
Could  we  now  and  then  smoke  a  few  pipes  together,  you 
would  perhaps  be  in  a  better  humour  with  many  things  in 
the  world  than,  I  think,  you  now  are.  I  suspect  your 
imagination  colours  high,  and  shades  too  deep.  But  more 
of  this  another  time. 

"  You  mistake  me  much,  if  you  suppose  the  frequency  of 
your  letters  or  applications  troublesome  to  me.  I  assure 
you,  it  would  give  me  pleasure  were  opportunities  of  being 
useful  to  you  more  frequent  than  either.  When  you  were  last 
here,  fourteen  miles  more  would  have  carried  you  to  Fishkill. 
That  little  ride  would  have  been  a  gratification  to  me,  and 
not  unpleasant  to  you.  What  detained  you?  Was  you 
not  sure  I  would  be  glad  to  see  you  ?  God  bless  you,  and 
give  you  health.  "  I  am,  dear  Peter, 

"  Affectionately,  yours,  &c. 

"JoHN  JAY." 


86  LIFE    OF    JOHN    JAY. 

The  present  State  of  Vermont  is  composed  of  territory 
that  was  claimed  by  the  States  of  New-  irork  and  New- 
Hampshire.  The  people  of  this  territory  availed  them 
selves  of  the  opportunity  afforded  by  the  war  of  withdraw 
ing  from  the  jurisdiction  of  these  States,  and  establishing  a 
separate  and  independent  government.  New- York  and 
New-Hampshire  both  claimed  the  interposition  of  Congress 
to' restore  to  them  their  territory.  Mr.  Jay,  as  a  judge  of 
the  Supreme  Court,  was  restrained  by  the  Constitution  from 
holding  any  other  office,  except  that  of  delegate  to  Con 
gress  on  a  special  occasion.  The  Legislature,  however, 
were  anxious  that  he  should  again  represent  the  State  in 
Congress  ;  and  the  claims  of  Vermont  afforded  them  a  con 
stitutional  opportunity  of  gratifying  their  wishes.  Accord 
ingly,  on  the  10th  of  November,  they  voted  that  a  special 
occasion  nowexisted,  and  thereupon  elected  the  chief  justice 
a  delegate,  without  vacating  his  seat  on  the  bench. 

On  the  7th  December,  Mr.  Jay  returned  to  Congress, 
after  an  absence  of  more  than  two  years.  He  was  received 
as  an  old  and  valued  friend,  and  three  days  after,  on  the 
resignation  of  Mr.  Lawrence,  was  elected  president. 

The  state  of  public  affairs  allowed  Congress  no  recess ; 
and  Mr.  Jay,  probably  thinking  his  prolonged  residence  at 
Philadelphia  inconsistent  with  his  duties  as  chief  justice, 
sent  his  resignation  of  that  office  to  the  governor  of  New- 
York.  The  governor,  unwilling  to  receive  it,  requested 
him  to  recall  it ;  but  he  adhered  to  the  resolution  he  had 
taken.  In  his  letter  to  the  governor,  he  remarks : — "  The 
Legislature  may,  perhaps,  in  consequence  of  this  step,  be 
inclined  to  keep  me  here.  On  this  head  I  must  inform  you 
that  the  situation  of  my  father's  family  is  such  that  I  can  no 
longer  reconcile  it  to  my  ideas  of  filial  duty  to  be  absent 
from  them,  unless  my  brother  should  be  so  circumstanced 
as  to  pay  them  the  necessary  attention."  He  at  the  same 
time  wrote  to  his  brother. 


LIFE    OF    JOHN    JAY.  87 


"  Philadelphia,  16th  Sept.  1779. 
"  DEAR  FREDERICK, 

"  I  am  now  to  inform  you  that  I  have  resigned  the  office 
of  chief  justice  ;  and  if  the  State  should  incline  to  keep  me 
here,  I  shall  consent  to  stay,  provided  either  you  or  Sir 
James  will  undertake  to  attend  constantly  to  our  good  old 
father  and  his  unfortunate  family:  otherwise  I  shall  at  all 
events  return  for  that  purpose.  Sir  James  has  his  doubts 
respecting  his  future  destination ;  and  therefore  his  return 
is  precarious  at  present.  I  wish  to  know,  without  delay, 
the  result  of  your  reflections  on  this  subject.  Should  you 
succeed  with  Wadsworth,  I  think  you  would  then  be  in 
capacity  to  serve  them  as  well  as  ever :  if  you  live  on 
Harris's  farm,  you  will  not.  Make  up  your  mind  on  this 
matter :  if  you  find  you  cannot  pay  necessary  attention  to 
Fishkill,  prevent  my  election,  and  let  me  know  your  inten 
tion  by  the  first  opportunity. 

"  I  am,  dear  Fraedy, 

"  Your  affectionate  brother, 

"  JOHN  JAY." 

Happily,  such  arrangements  were  made  as  relieved  him 
from  the  necessity  of  sacrificing  his  public  to  his  filial 
duties. 

The  state  of  the  public  credit  and  the  depreciation  of  the 
currency  had  now  become  so  alarming,  that  Congress  found 
it  necessary  to  take  some  measures  for  maintaining  the 
one,  and  arresting  the  progress  of  the  other.  To  this  end, 
they  resolved  to  fix  a  limit  to  their  future  emissions  of  paper 
money,  and  to  call  on  the  States  to  furnish  the  funds  neces 
sary  for  prosecuting  the  war.  To  add  greater  weight  to 
their  recommendations,  they  determined  to  address  a  letter 
to  the  States,  portraying  the  exigencies  of  the  times,  and 
explaining  the  necessity  and  importance  of  the  contemplated 
measures.  Instead  of  appointing  a  committee  to  draft  this 


88  LIFE    OF   JOHN    JAY. 

letter,  they  took  the  unusual  course  of  requesting  their 
president  to  perform  this  duty.  Mr.  Jay  acceded  to  the 
request,  and  in  a  few  days  submitted  a  letter,  which  was 
unanimously  approved.  Few  documents  of  the  old  Con 
gress  are  more  distinguished  for  perspicuity,  eloquence,  and 
patriotism  than  this  letter.* 

Mr.  Jay,  having  been  in  a  manner  specially  charged  by 
the  Legislature  with  its  controversy  with  Vermont,  pre 
pared  and  carried  in  Congress  certain  resolutions  on  that 
subject,  which  he  transmitted  to  the  Legislature,  with  the 
following  explanatory  letter  to  the  governor — a  letter  that 
derives  interest  from  its  connexion  with  the  early  history 
of  a  State  now  an  important  member  of  the  American  con 
federacy. 

"  TO    GOVERNOR    CLINTON. 

"Philadelphia,  25th  Sept.,  1779. 

"  DEAR  SIR, 

"  Whether  the  resolutions  of  Congress  of  the  24th  inst., 
providing  for  the  settlement  of  all  disputes  between  New- 
York  and  her  neighbours,  as  well  as  revolted  citizens,  will 
please  my  constituents  as  much  as  they  do  me  is  uncertain. 
Nor  am  I  convinced  of  the  prudence  of  committing  to 
paper  all  the  reasons  which  induce  me  to  think  them  (all 
circumstances  considered)  perfectly  right.  Some  of  them, 
however,  I  shall  communicate.  My  first  object  on  coming 
here  was  to  prevail  upon  Congress  to  interpose,  though  in 
the  smallest  degree  ;  well  knowing,  that  if  they  once  inter 
fered  ever  so  little,  they  might  with  more  ease  be  led  to  a 
further  and  more  effectual  interposition. 

"  Soon  after  my  arrival,  I  found  the  following  objections 
to  an  interference  with  Vermont  generally  prevailing. 

"  1st.  That  Congress,  being  instituted  for  the  sole  purpose 
of  opposing  the  tyranny  of  Britain,  and  afterward  of  estab- 

*  See  Appendix. 


LIFE    OF   JOHN   JAY.  89 

lishing  our  independence,  had  no  authority  to  interfere  in 
the  particular  quarrels  of  any  State.  Hence  all  their  former 
resolutions  on  the  subject  were  merely  negative.  2d.  That 
the  confederation  had  not  yet  taken  place,  and  that  the 
business  should  be  postponed  till  all  the  States  had  acceded; 
an  event  then  daily  expected.  3d.  That  it  was  an  improper 
season  to  interfere,  and  that  the  attention  of  Congress 
ought  not  to  be  diverted  from  the  general  objects  of  the 
war.  4th.  That  harsh  measures  against  Vermont  might 
induce  them  to  join  the  enemy  and  increase  their  force. 
5th.  That  they  possessed  a  strong  country,  were  numerous, 
warlike,  and  determined ;  and  that  more  force  would  be 
required  to  reduce  them,  than  could  be  spared  from  the 
general  defence. 

"  These  were  some  of  the  ostensible  objections.  Besides 
which  I  had  reason  to  suspect  the  following  private  ones. 

"  1st.  That  divers  persons  of  some  consequence  in  Con 
gress  and  New-England  expected  to  advance  their  fortunes 
by  lands  in  Vermont.  2d.  That  Vermont,  acquiring  strength 
by  time,  would  become  actually  independent,  and  afterward 
acknowledged  to  be  so.  3d.  That  being  settled  by  New-Eng 
land  people,  and  raised  into  consequence  by  New-England 
politics,  it  would  be  a  fifth  New-England  State,  and  become 
a  valuable  accession  of  strength  both  in  and  out  of  Congress, 
4th.  That  ancient  animosities  between  New- York  and  New- 
England  naturally  inclining  the  former  to  side  with  the  middle 
and  southern  States,  the  less  formidable  she  was  the  better,  and 
therefore  the  loss  or  separation  of  that  territory  was  rather 
to  be  wished  for  than  opposed.  These  and  many  other 
considerations  of  the  like  nature  induced  me  to  postpone 
bringing  on  the  matter  till  I  could  have  an  opportunity  of 
preparing  the  way  for  it  by  acquiring  a  knowledge  of  the 
characters  then  in  Congress,  &c. 

"  It  is  also  proper  to  observe  that  the  House  was  for  the 
greater  part  of  the  winter  so  heated  by  divisions  on  points 

VOL.  I. N 


90  LIFE    OF   JOHN    JAY. 

of  great  general  importance,  that  it  would  have  been  im 
proper  and  imprudent  to  have  called  upon  them  to  decide 
on  this  delicate  business  till  more  temper  and  calmness  had 
taken  place.  When  these  began  to  appear  the  subject  was 
introduced,  and  you  have  had  a  copy  of  the  resolutions  pro 
posed  by  New-York  on  that  occasion.  Against  them  all 
objections  before  mentioned  operated,  with  this  additional 
one,  that  it  would  be  highly  unjust  and  impolitic  to  deter 
mine  against  Vermont,  without  previous  inquiry  into  the 
merits  of  their  claims,  and  giving  them  an  opportunity  of 
being  heard.  This  objection,  so  far  as  it  respected  their 
claim  to  independence,  was  absurd  though  plausible  ;  but  it 
was  not  to  be  overcome  ;  and  though  we  might  have  carried 
a  resolution  against  it  by  a  slender  majority,  that  majority 
would  have  consisted  of  southern  members  against  a  vio 
lent  opposition  from  New-England  and  their  adherents.  A 
resolution  carried  under  such  circumstances  would  rather 
have  encouraged  than  disheartened  Vermont,  and  was, 
therefore,  ineligible. 

"  Hence  I  conceived  it  to  be  expedient  to  promote  the 
measure  of  appointing  a  committee  of  inquiry ;  knowing 
that  if  Congress  proceeded  to  inquire,  it  would  be  a  ground 
for  pressing  them  to  go  further  and  determine ;  especially 
as  I  was  apprized  that  the  result  of  these  inquiries  would 
be  in  our  favour. 

"  The  committee,  you  know,  never  had  a  formal  meeting ; 
it  nevertheless  had  its  use.  The  individual  reports  of  the 
members  who  composed  it  advanced  our  cause  ;  and  even 
Mr.  Witherspoon,  who  was  and  is  suspected  by  New- York, 
made  representations  in  our  favour. 

"  Your  last  resolutions  were  of  infinite  service,  by  evin 
cing  the  moderation,  justice,  and  liberality,  and  at  the  same 
time  the  spirit  of  the  State.  On  the  other  hand,  the  law  of 
Vermont  for  whipping,  cropping,  and  branding  your 
magistrates  made  an  impression  greatly  to  their  disadvan 
tage.  Before  these  emotions  should  have  time  to  subside, 


LIFE    OP   JOHN   JAY.  91 

as  well  in  observance  of  our  instructions,  I  pressed  Con 
gress  from  day  to  day  to  adopt  such  measures  as  the  public 
exigencies  called  for,  and  thereby  prevent  the  flames  of 
civil  war  from  raging.  It  would  not,  I  believe,  have  been 
difficult  to  have  obtained  what  some  among  you  would  call 
very  spirited  and  pointed  resolutions,  but  which,  in  my 
opinion,  would  have  been  very  imprudent  ones ;  because, 
among  other  reasons,  they  would  not  have  been  unanimous. 
You  will  find  the  recitals  and  particular  resolutions  num 
bered  in  the  margin  of  the  copy  herewith  enclosed,  from 
1  to  13.  I  shall  trouble  you  with  a  few  explanatory 
remarks  on  each  of  them,  under  heads  numbered  in  like 
manner. 

"  1st  and  2d.  These  recitals  were  inserted  to  show  the 
reason  why  Congress  now  proceed  without  the  report  of 
the  committee,  after  having  resolved  to  postpone  the  further 
consideration  of  the  subject  till  their  report  should  be 
made. 

"  3d.  This  recital  justifies  the  facts  set  forth  in  your 
representations,  and  in  case  an  appeal  to  the  public  should 
become  necessary,  may  be  used  with  advantage  to  New- 
York. 

"  4th.  This  recital  destroys  the  doctrine  that  the  Union 
(independent  of  the  articles  of  confederation)  had  no  other 
object  than  security  against  foreign  invasions. 

"  5th.  This  recital  is  calculated  to  impress  the  people  with 
an  opinion  of  the  reasonableness  and  policy  of  the  requisi 
tion  or  recommendation  which  follows,  and  therefore  will 
the  more  readily  induce  those  States  to  adopt  the  measures 
recommended  to  them. 

"  6th.  You  may  inquire  for  what  reason  I  consented  to 
this  recital,  as  it  puts  Massachusetts  and  New-Hampshire 
on  a  footing  with  New- York ;  whereas  I  well  knew  that 
New- York  alone  had  a  right  to  claim  jurisdiction  over 
Vermont.  My  reasons  were  these:  Vermont  extends 
over  Connecticut  River  into  the  acknowledged  jurisdiction 


92  LIFE    OF   JOHN   JAY. 

of  New-Hampshire :  as  to  Massachusetts,  the  recital 
admits  only  her  claims,  not  her  title;  and  it  is  as  impossible 
to  deny  the  existence  of  claims  when  made,  as  it  is  to  pre 
vent  them.  Their  delegates  pointedly  asserted  and  insisted 
on  the  claim  of  Massachusetts ;  and  it  appeared  to  me 
expedient  to  provide  for  a  speedy  determination  of  all 
claims  against  us,  however  ill  founded.  You  may  further 
ask,  Why  Vermont  is  made  a  party  ?  the  reason  is  this : 
that  by  being  allowed  a  hearing,  the  candour  and  modera 
tion  of  Congress  may  be  rescued  from  aspersions ;  and  that 
these  people,  after  having  been  fully  heard,  may  have 
nothing  to  say  or  complain  of,  in  case  the  decision  of  Con 
gress  be  against  them  ;  of  which  I  have  no  doubt. 

"  7th.  It  is  true,  that  by  this  resolution  the  merits  of 
former  settlements  with  these  States  will  be  again  the  sub 
ject  of  inquiry,  discussion,  and  decision ;  and  therefore  it 
may  at  first  sight  appear  improper ;  but  these  settlements 
will  still  remain  strong  evidence  of  our  rights,  however 
objectionable  they  may  be  represented  to  be  by  those 
States.  Nor  will  Congress  be  easily  prevailed  upon  to 
annul  them,  because  in  that  case  all  their  boundaries  would 
be  afloat.  Besides,  in  my  opinion,  it  is  much  better  for 
New-York  to  gain  a  permanent  peace  with  their  neigh 
bours  by  submitting  to  these  inconveniences,  than  by  an 
impolitic  adherence  to  strict  rights,  and  a  rigid  observance 
of  the  dictates  of  dignity  and  pride,  remain  exposed  to  per 
petual  dissensions  and  encroachment.  Peace  and  estab 
lished  boundaries,  under  our  circumstances,  are,  I  think, 
almost  inestimable. 

"  8th.  The  reason  of  this  is  assigned  in  the  last  sentence 
under  the  6th  head. 

"  9th.  For  the  same  purpose  of  preserving  the  appear 
ance  of  equality  in  claims,  whatever  difference  there  may 
be  in  titles,  the  three  States  are  mentioned  in  this  recom 
mendation.  The  object  of  it  is  a  settlement  of  all  disputes 
respecting  interfering  grants,  in  case  Vermont  should  be 


LIFE    OF   JOHN   JAY.  93 

abolished,  and  that  district  in  part,  or  in  the  whole, 
adjudged  to  either  of  the  three  States. 

"  10th.  I  am  sure  you  will  admit  my  prudence  in  giving 
your  voice  for  this  resolution. 

"llth.  As  it  was  not  absolutely  certain  that  New- 
Hampshire  and  Massachusetts  would  pass  the  laws  in 
question,  and  as  I  was  sure  that  New- York  would,  it 
appeared  to  me  highly  expedient  to  provide,  by  this  resolu 
tion,  that  the  dispute  between  New- York  and  Vermont 
should  be  determined,  whether  the  other  two  States  came 
in  or  no :  and,  lest  the  former  guarantee  contained  in  the 
10th  resolution  might  be  construed  to  be  contingent,  and  to 
depend  on  the  event  of  all  the  three  States  adopting  the 
measures  recommended  to  them,  it  is  here  repeated.  You 
will  observe  that  neither  of  the  three  States  are  to  vote  on 
the  decision. 

"  12th.  On  the  plan  of  hearing  Vermont,  this  resolution, 
however  inconvenient,  became  indispensable.  Care,  how 
ever,  has  been  taken  in  it  to  exempt  all  persons  from 
their  jurisdiction  who  profess  allegiance  to  either  of  the 
three  States.  But  you  will  say,  Why  to  the  three  States  ? 
Why  not  to  New- York  only ;  from  whom  they  revolted, 
and  under  whose  actual  jurisdiction  they  last  were  ?  Be 
cause  it  would  have  clashed  with  the  equality  of  claims 
before  mentioned,  and  the  least  opposition  to  which  would 
have  prevented  these  resolutions  from  being  unanimous ;  a 
circumstance,  in  my  opinion,  infinitely  more  valuable  than 
the  preservation  of  useless  etiquette.  And,  further,  because 
the  district  is  here  so  described  as  to  extend  over  the  river 
and  affect  New-Hampshire.  In  a  word,  the  necessity  of 
the  resolution  was  so  obvious  that  there  was  no  avoiding 
it.  These  inconveniences  will  be  temporary,  and,  if  the 
principles  laid  down  in  it  are  observed,  will  not  be  very 
great ;  especially  as  Congress  have  determined  a  violation 
of  it  to  be  a  breach  of  the  peace  of  the  confederacy,  and 
have  declared  their  resolution  to  maintain  it. 


94  LIFE    OF   JOHN    JAY. 

"  13th.  This  resolution  needs  no  comment,  the  policy 
and  justice  of  it  being  extremely  evident.  Anxious  to 
avoid  a  moment's  delay  in  sending  you  these  resolutions,  I 
have  not  time  by  this  opportunity  of  adding  any  thing 
further  than  that  upon  this  occasion  I  have  acted  according 
to  the  best  of  my  judgment,  after  having  maturely  con 
sidered  and  well  weighed  the  force  and  tendency  of  every 
consideration  and  circumstance  affecting  the  business  in 
question.  When  I  first  received  my  special  commission, 
I  did  not  apprehend  that  this  matter  was  in  a  more  par 
ticular  manner  confided  to  me  than  to  my  colleagues, 
though  some  of  them  considered  it  in  that  light.  The 
commission  vested  me  with  no  further  power  than  what 
any  other  of  your  delegates  possessed  ;  nor  was  any 
matter  given  more  particularly  in  charge  to  me  than  to  the 
others  by  the  Legislature.  Their  late  instructions,  how 
ever,  speak  a  different  language.  I  am  satisfied  to  be 
viewed  in  that  light,  that  is,  to  be  the  responsible  man;  and, 
provided  the  measures  I  adopt  are  not  thwarted,  I  am  con 
fident  that  I  shall  be  able  to  bring  all  these  matters  to  a 
happy  conclusion.  I  hope,  however,  that  this  will  not  be 
considered  as  a  hint  for  my  being  continued  in  the  delega 
tion  ;  I  assure  you,  nothing  but  an  adherence  to  the  resolu 
tions  and  principles  of  action  I  adopted  and  professed  at 
the  commencement  of  the  war  would  induce  me  to  remain 
here  at  the.  expense  of  health  as  well  as  property  ;  for 
though  I  shall  always  be  ready  to  serve  my  country  when 
called  upon,  I  shall  always  be  happy  to  find  it  consistent 
with  my  duty  to  remain  a  private  citizen. 
"  I  am,  sir, 

"  Your  most  obedient  servant, 

".TOHN  JAY." 

By  a  secret  article  annexed  to  the  treaty  between 
France  and  the  United  States,  a  right  was  reserved  to 
8  pain  of  acceding  to  the  treaty,  and  participating  in  its 


LIFE    OP    JOHN    JAY.  95 

stipulations  whenever  she  might  think  proper.  Congress, 
being  desirous  of  strengthening  their  foreign  alliances, 
deemed  it  advisable  to  invite  his  Catholic  majesty  to  avail 
himself  of  the  provisions  of  this  article ;  and  for  this  pur 
pose  resolved  to  send  a  minister  plenipotentiary  to  Spain. 
On  the  27th  of  September,  Mr.  Jay  was  selected  by  Con 
gress  for  this  important  mission.  On  receiving  this  ap 
pointment,  he  of  course  resigned  the  chair,  which  he  had 
filled  with  such  devotion  to  the  public  service,  that  he  had 
not  absented  himself  from  Congress  in  a  single  instance 
since  the  preceding  December. 


CHAPTER  IV. 

Extracts  from  Mr.  Jay's  History  of  his  Spanish  Mission. 

MR.  JAY,  while  in  Spain,  commenced  a  very  particular 
history  of  his  mission  ;  but  probably  never  completed  it,  as 
only  a  few  of  the  first  pages  of  it  have  been  found  among 
his  papers.  Some  extracts  from  these  pages  will  form  an 
appropriate  introduction  to  an  account  of  his  negotiations 
with  the  Spanish  government. 

"  I  have  long  been  convinced  that  human  fame  was  a 
bubble  which,  whether  swelled  by  the  breath  of  the  wise, 
the  good,  the  ignorant,  or  malicious,  must  burst  with  the 
globe  we  inhabit.  I  am  not  among  the  number  of  those 
who  give  it  a  place  among  the  motives  of  their  actions. 
Neither  courting  nor  dreading  the  public  opinion  on  the  one 
hand,  nor  disregarding  it  on  the  other,  I  joined  myself  to  the 
first  assertors  of  the  American  cause,  because  I  thought  it 
my  duty  ;  and  because  I  considered  caution  and  neutrality, 
however  secure,  as  being  no  less  wTong  than  dishonourable. 


96  LIFE    OF   JOHN    JAY. 

The  same  principles  which  then  committed  me  to  the  dis 
posal  of  my  fellow-citizens  demand  that  as  I  have  the  best 
opportunities  of  knowing,  so  I  should  transmit  to  posterity 
the  memory  of  their  political  transactions  with  this  king 
dom,  and  thereby  prevent  their  being  misguided  by  repre 
sentations  founded  on  conjecture  and  partial  information. 

"  America  exhibits  a  new  spectacle  to  the  political  world, 
and  is  rising  to  empire  and  greatness  in  a  manner  so  sin 
gular  as  to  render  her  steps  interesting  to  all  mankind,  and 
especially  to  the  people  of  that  country. 

"  I  shall  confine  myself  to  a  plain  narrative  of  facts,  and 
they  shall  be  told  with  such  scrupulous  adherence  to  truth 
and  impartiality,  as  that  my  last  moments  shall  not  be  im- 
bittered  by  the  reflection  that  I  had  permitted  my  pen  to 
stray  from  the  lines  of  veracity  or  justice. 

"  It  is  necessary  that  this  narrative  should  comprise  the 
transactions  of  two  periods,  viz.,  1st.  those  which  were 
prior,  and  2d.  those  which  were  subsequent,  to  my  arrival 
in  Spain.  Those  which  were  prior  to  my  arrival  in  Spain 
should  all  be  distinguished  by  two  periods,  viz.,  those 
which  preceded  my  appointment,  and  those  which  inter 
vened  between  it  and  my  arrival.  I  shall  begin  with  those 
which  happened  prior  to  my  appointment. 

"  The  treaties  of  alliance  and  commerce  between  America 
and  France  were  concluded  in  February,  1778;  a  secret 
article  was  at  the  same  time  entered  into,  which,  as  it  has 
since  become  very  generally  known,  I  shall  insert." 

The  article  here  inserted  was  the  one  which  reserved  to 
Spain  the  right  of  becoming  a  party  to  the  treaty. 

"On  the  day  of  following,  Congress 

were  pleased  to  commission  Arthur  Lee,  Esq.,  to  enter  into 
these  treaties  and  discussions  with  the  court  of  Spain. 
##*•**•*#* 

"  The  court  of  Spain,  previous  to  her  declaring  war  with 
Britain,  furnished  considerable  aids  to  America;  which 
were  transported  thither  by  the  house  of  Gardoqui  and 


LIFE    OF   JOHN   JAY.  97 

Sons  at  Bilboa.  The  supplies  were  shipped  under  Mr. 
Lee's  directions  ;  and  though  regular  invoices  of  the  cargoes 
were  transmitted  by  him  to  Congress,  yet,  when  I  left  it, 
that  body  remained  much  in  the  dark  as  to  the  sums 

advanced  for  their  use  by  Spain.  *  *  * 

******** 

"  It  is  proper  to  observe  that  Mr,  Deane,  in  consequence 
of  his  recall,  returned  to  America  in  1778  ;  and  that  on  his 
arrival  Congress  went  into  an  inquiry  into  his  conduct. 
Mr.  Deane  published  a  paper  in  the  Philadelphia  Gazette, 
containing  strictures  on  the  delays  of  Congress  respecting 
his  affairs,  and  heavy  accusations  against  Mr.  Arthur  Lee, 
to  whose  machinations  he  attributed  the  conduct  of  Con 
gress  towards  him.  This  publication  caused  a  ferment 
throughout  America,  and  very  great  heats  in  Congress. 
The  public  papers  teemed  with  publications  for  and  against 
Mr.  Deane  and  Mr.  Lee.  Among  the  writers  for  the  latter 
was  a  Thomas  Paine,  an  Englishman,  who  had  been  a 
hackney  writer  in  London,  and  on  his  arrival  in  America 
was  employed  by  Aikin  in  compiling  and  correcting  papers 
for  his  Magazine.  In  this  capacity  his  attachment  to  the 
American  cause  became  suspected.  He  struck  out  several 
passages  in  papers  composed  by  Dr.  Witherspoon,  as  being 
too  free.  He  afterward  became  attached  to  some  leading 
men  who  were  most  zealous  for  American  independence. 
He  published  a  pamphlet  on  that  subject,  called  Common 
Sense,  and  obtained  much  credit  with  the  people  for  it. 
He  was  afterward  made  secretary  to  the  Committee  for 
Foreign  Affairs ;  and  when  General  Washington  was  re 
treating  before  the  enemy  in  Jersey,  and  the  minds  of  many 
were  filled  with  apprehensions,  he  was  again  so  suspected 
as  that  Congress  became  uneasy  lest  the  committee's  papers 
in  his  custody  should  fall  into  the  enemy's  hands,  and  took 
their  measures  accordingly.  The  success  at  Trenton  gave 
things  a  new  aspect,  and  new  courage  to  Paine. 

"  On  the  present  occasion  his  zeal  for  his  employers  car- 

VOL.  I. O 


98  LIFE    OF   JOHN    JAY, 

ried  hjm  too  far.  The  official  papers  had  brought  him 
acquainted  with  the  state  of  American  affairs  at  Versailles  ; 
and  in  his  paper  of  the  2d  January  he  very  imprudently 
inserted  the  following  paragraph : — « If  Mr.  Deane,  or  any 
other  gentleman,  will  procure  an  order  from  Congress  to 
inspect  an  account  in  my  office,  or  any  of  Mr.  Deane's 
friends  in  Congress  will  take  the  trouble  of  coming  them 
selves,  I  will  give  him  or  them  my  attendance,  and  show 
them  in  a  handwriting  which  Mr.  Deane  is  well  acquainted 
with,  that  the  supplies  he  so  pompously  plumes  himself 
upon  were  promised  and  engaged,  and  that  as  a  present, 
before  he  even  arrived  in  France,'  &c. 

"  The  minister  of  France,  Mr.  Gerard,  being  aware  of  the 
consequences  which  would  result  from  these  assertions,  and 
feeling  very  sensibly  how  much  the  honour  of  France  was 
wounded  by  a  supposition  of  her  having  given  gratuitous 
aid  to  America,  contrary  to  her  assurances  to  Britain,  did, 
on  the  5th  of  January,  1779,  present  a  memorial  to  Con 
gress  referring  to  this  publication,  denying  the  assertions 
they  contained,  and  representing  the  propriety  of  their  being 
disowned  by  Congress.  The  day  following,  the  memorial 
was  considered,  and  various  debates,  not  proper  to  be  speci 
fied  here,  ensued.  Paine  and  the  printer  were  ordered  to 
attend  at  the  bar  of  the  House.  The  former  confessed  him 
self  the  author,  and  vthe  latter  the  publisher  of  the  papers  in 
question.  Many  motions  were  made,  debated,  and  rejected 
before  the  House  adopted  the  resolutions  which  finally  took 
place.  The  subject  was  interesting  to  the  public,  to  the 
House,  and  particularly  to  the  friends  of  the  parties  in  dif 
ference,  as  well  as  Mr.  Paine's  patrons ;  and,  as  is  always 
the  case  on  such  occasions,  more  warmth  than  prudence 
took  place.  The  majority,  however,  were  of  opinion,  that 
Paine  had  prostituted  his  office  to  party  purposes,  and  there 
fore  ought  to  be  discharged.  This  did  not  long  remain  a 
secret  to  him,  and  to  avoid  that  disgrace  he  resigned. 

"Mr.  Gerard  had  before  intimated  to  Congress  the  pro- 


LIFE    OF   JOHN   JAY.  99 

priety  of  their  taking  speedy  measures  for  drawing  Spain 
into  the  general  cause.  He  often  enlarged  on  the  policy 
and  objects  of  that  court,  one  of  which  was  to  regain  the 
Floridas,  and  to  become  possessed  of  the  exclusive  naviga 
tion  of  the  Gulf  of  Mexico  and,  of  course,  the  Mississippi, 
He  said  he  was  confident  that  if  these  were  ceded  to  her,  it 
would  not  be  difficult  to  induce  her  to  join  us ;  and  espe 
cially  as  the  Family  Compact,  and  the  refusal  of  Britain  to 
accept  her  mediation,  would  afford  a  good  pretext  He 
further  insinuated,  that  we  might  reasonably  expect  to 
obtain  from  that  court  a  considerable  sum  of  money, 
which,  considering  the  state  of  our  finances,  was  a  desirable 
object. 

"  Though  Congress  were  desirous  of  an  alliance  with 
Spain,  and  ready  to  take  measures  for  the  purpose,  yet 
whom  to  employ  became  a  serious  question.  Mr.  Lee's 
connexions  insisted  that  he  ought  to  be  the  man ;  while 
others,  who  had  neither  a  predilection  for  nor  aversion  to 
him,  thought  it  inexpedient  to  commit  that  business  to  one 
respecting  whom  America  at  present  entertained  doubts, 
and  who  had  become  disagreeable  to  France,  and,  conse 
quently,  in  a  certain  degree,  so  to  Spain.  By  these  unfor 
tunate  circumstances  nearly  a  year  was  wasted  in  fruitless 
altercation,  and  the  opportunity  of  obtaining  loans  from 
Spain  lost,  by  her  having  entered  into  the  war,  and  having 
occasion  for  all  her  money  to  defray  the  expense  of  it. 

"  Some  time  prior  to  my  appointment  to  Spain,  suspicions 
of  it  prevailed,  and  both  Mr.  Gerard  and  Mr.  Miralles 
expressed  much  satisfaction  at  the  prospect  of  that  event 
On  my  coming  to  Congress  in  the  fall  of  1778,  and  con 
stantly  after,  both  Mr.  Gerard  and  Mr.  Miralles,  the  Spanish 
agent,  had  shown  me  every  mark  of  civility  and  attention, 
though  I  have  reason  to  think  that  both  of  them  entertained 
higher  opinions  of  my  docility  than  were  well  founded. 

"  As  a  member  of  Congress,  it  appeared  to  me  very  im 
proper  to  make  their  proceedings  the  topic  of  conversation 


100  LIFE  OP  JOHN  JAY. 

out  of  doors  ;  and  I  made  it  an  invariable  rule  not  to  speak 
of  their  debates,  or  of  any  matters  before  them,  to  any  who 
were  not  members.  Mr.  Gerard  used  very  frequently  to 
spend  an  evening  with  me,  and  sometimes  sat  up  very  late. 
As  the  evening  advanced,  he  often  became  more  open,  and 
spoke  without  reserve  on  the  subject  of  the  views  of  Spain, 
and  the  interest  of  America  with  respect  to  her.  He  pressed 
our  quitting  to  her  the  Floridas  and  Mississippi  as  indispen 
sable  prerequisites  to  a  treaty,  and  urged  a  variety  of  reasons 
to  support  his  opinions  ;  disclaiming,  at  the  same  time,  his 
having  any  instructions  on  that  head,  and  intimating  that  his 
friendship  for  the  United  States  was  his  sole  motive  to  de 
claring  his  opinion  at  any  time  relative  to  her  concerns. 

"  I  soon  found  that  he  conversed  in  like  manner  with 
many  others,  and  that  he  was  seriously  endeavouring  to 
carry  these  points  in  Congress. 

"  I  was  early  convinced  that  provided  we  could  obtain 
independence  and  a  speedy  peace,  we  could  not  justify 
protracting  the  war,  and  -hazarding  the  event  of  it,  for  the 
sake  of  conquering  the  Floridas,  to  which  we  had  no  title, 
or  retaining  the  navigation  of  the  Mississippi,  which  we 
should  not  want  this  age,  and  of  which  we  might  probably 
acquire  a  partial  use  with  the  consent  of  Spain.  It  was 
therefore  my  opinion  that  we  should  quit  all  claim  to  the 
Floridas,  and  grant  Spain  the  navigation  of  her  river  below 
our  territories,  on  her  giving  us  a  convenient  free  port  on  it, 
under  regulations  to  be  specified  in  a  treaty,  provided  they 
would  acknowledge  our  independence,  defend  it  with  their 
arms,  and  grant  us  either  a  proper  sum  of  money,  or  an 
annual  subsidy  for  a  certain  number  of  years.  Such,  then, 
was  the  situation  of  things  as  to  induce  me  to  think  that  a 
conduct  so  decided  and  spirited  on  the  part  of  Spain  would 
speedily  bring  about  a  peace,  and  that  Great  Britain,  rather 
than  hazard  the  loss  of  Canada,  Nova  Scotia,  and  the  islands 
by  continuing  the  war,  would  yield  the  Floridas  to  Spain, 
and  independence  to  us.  But  when  Spain  afterwards 


LIFE    OP   JOHN    JAY.  101 

declared  war  for  objects  that  did  not  include  ours,  and  in  a 
manner  not  very  civil  to  our  independence,  I  became  per 
suaded  that  we  ought  not  to  cede  to  her  any  of  our  rights, 
and  of  course  that  we  should  retain  and  insist  upon  our 
right  to  the  navigation  of  the  Mississippi." 


CHAPTER  V. 
1779-81. 

Mf .  Jay  sails  for  France  in  an  American  Frigate — Shipwreck  of  the  Frigate 
— She  reaches  Martinico — Mr.  Jay  re-embarks  in  a  French  Frigate — 
Lands  at  Cadiz — Proceeds  to  Madrid — Embarrassed  by  Bills  drawn  on 
him  by  Congress — Negotiates  with  Spanish  Government — His  Opinion 
of  New- York  Confiscation  Act — Correspondence  with  Mr.  Deane — In 
structed  to  surrender  the  Navigation  of  the  Mississippi — Appointed  Com 
missioner  to  negotiate  Peace — Disapproves  of  the  Instructions  accompany 
ing  his  Commission — History  of  those  Instructions — Duplicity  of  Spanish 
Court — Bills  on  Mr.  Jay  protested — He  goes  to  Paris — His  Indignation 
at  the  Conduct  of  Mr.  Deane. 

CONGRESS  having  ordered  their  own  frigate  the  Confede 
racy,  to  carry  Mr.  Gerard  the  French  minister  home,  it  was 
agreed  that  Mr.  Jay  should  proceed  on  his  mission  in  the 
same  vessel.  The  lateness  of  the  season  and  the  public 
exigencies  forbade  all  unnecessary  delay.  Mrs.  Jay  hap 
pened  to  be  at  Philadelphia  when  Mr.  Jay  was  appointed, 
and  the  time  fixed  for  the  sailing  of  the  frigate  allowed  her 
no  time  to  receive  the  parting  benedictions  of  her  parents, 
except  in  their  letters.  Mr.  Jay  likewise  was  denied 
the  satisfaction  of  taking  leave,  in  person,  of  most  of  his 
friends  and  relatives.  He  received  his  instructions  on  the 
16th  October,  and  four  days  after  he  left  his  country,  to 


102  LIFE    OP   JOHN    JAY. 

advocate  her  cause  in  Europe  ;  nor  did  he  again  land  on 
her  shores  till  he  had  placed  his  signature  to  a  treaty, 
securing  to  her  the  blessings  of  peace  and  independence. 
He  was  accompanied  by  his  brother-in-law,  Col.  Livingston, 
afterwards  a  judge  of  the  Supreme  Court  of  the  United 
States,  as  his  private,  and  by  Mr.  Carmichael,  a  member 
of  Congress,  as  his  public  secretary. 

The  following  extracts  from  a  letter  written  by  Mrs.  Jay 
to  her  mother  will  not,  it  is  hoped,  be  read  with  less  interest 
for  the  personal  feelings  they  depict. 

"  On  board  of  the  Confederacy,  12th  December,  1779. 

"  About  4  o'clock  in  the  morning  of  the  7th  November, 
we  were  alarmed  by  an  unusual  noise  upon  deck,  and  what 
particularly  surprised  me  was  the  lamentations  of  persons 
in  distress.  I  called  upon  the  captain  to  inform  me  of  the 
cause  of  the  confusion  that  I  imagined  to  prevail ;  but  my 
brother  desired  me  to  remain  perfectly  composed,  for  that 
he  had  been  upon  deck  but  half  an  hour  before,  and  left 
every  thing  in  perfect  security. 

"  Perfect  security  !  vain  words  !  Don't  you  think  so  ? 
And  so  indeed  they  proved ;  for  in  that  small  space  of  time 
we  had  been  deprived  of  nothing  less  than  our  bowsprit, 
foremast,  main-mast,  and  mizen-mast :  so  that  we  were  in 
an  awkward  situation,  rendered  still  more  so  by  a  pretty 
high  south-east  wind,  and  a  very  rough  sea.  However,  our 
misfortunes  were  only  begun.  The  injury  received  by  our 
rudder  the  next  morning  served  to  complete  them,  as  we 
were  ready  to  conclude.  The  groans  that  distressed  me 
were  uttered  by  two  men  who  had  suffered  from  the  fall  of 
the  masts ;  one  of  them  was  much  bruised,  and  the  other  had 
his  arm  and  hand  broken :  the  former  recovered,  but  the 
latter,  poor  fellow !  survived  not  many  days  the  amputation 
of  his  arm. 

"  Will  it  not  be  painful  to  my  dear  mamma  to  imagine  to 
herself  the  situation  of  her  children  at  that  time?  Her 


LIFE    OF    JOHN   JAY.  103 

children  did  I  say  ?  Rather  let  her  imagine  the  dangerous 
situation  of  more  than  three  hundred  souls,  tossed  about  in 
the  midst  of  the  ocean  in  a  vessel  dismasted  and  under  no 
command,  at  a  season  too  that  threatened  approaching 
inclemency  of  weather.  And  would  you  for  a  moment 
suppose  me  capable  of  regretting  that  I  had  for  a  time  bid 
adieu  to  my  native  land,  in  order  to  accompany  my  beloved 
friend  ?  Would  you  have  despaired  of  ever  embracing  your 
affectionate  children?  or  would  you  have  again  recom 
mended  them  to  HIM  who  appointed  to  the  waters  their 
bounds — WHO  saith  unto  the  waves  thus  far  shalt  thou  go, 
and  to  the  winds,  peace,  be  still  ?  Mamma's  known  piety 
and  fortitude  sufficiently  suggest  the  answer  to  the  two 
latter  queries  ;  and  to  the  former  it  becomes  me  to  reply. 
I  assure  you  that  in  no  period  of  our  distress,  though  ever 
so  alarming,  did  I  once  repine,  but  incited  by  his  amiable 
example,  I  gave  fear  to  the  winds,  and  cheerfully  resigned 
myself  to  the  disposal  of  the  ALMIGHTY. 

"  After  our  misfortunes  of  the  7th  and  8th  of  November 
(the  memorable  era  from  which  we  now  date  all  events 
relative  to  ourselves),  a  council  of  the  officers  was  held  to 
consider  where  it  was  most  expedient  to  bend  our  course. 
It  was  unanimously  concluded  that  it  would  be  impossible 
to  reach  Europe  at  this  season  with  a  ship  in  the  condition 
that  ours  was.  They  were  likewise  united  in  opinion  that 
the  southern  direction  was  the  only  one  that  offered  a  pros 
pect  of  safety  ;  and  of  the  islands,  Martinico  was  the  most 
eligible,  for  its  commodious  harbour,  and  the  probability  of 
being  supplied  with  materials  to  refit.  Accordingly,  the 
first  fair  wind  that  offered  (which  was  not  till  near  three 
weeks  from  the  above-mentioned  era),  was  embraced  in 
pursuance  of  the  advice  given  by  the  officers ;  and,  after 
having  passed  through  very  squally  latitudes,  we  are  now  /* 
in  smooth  seas,  having  the  advantage  of  trade-winds  which  ^ 
blow  directly  for  the  islands  ;  nor  are  we,  if  the  calculations 


104  LIFK    OP   JOTTX    JAY. 

made  are  just,  more  than  220  miles  distant  from  the  destined 
port." 

The  situation  of  the  frigate  was  in  truth  exceedingly 
critical,  and  afforded  the  passengers  the  distressing  as 
surance  that  a  storm  would  prove  fatal  to  them,  and  that 
the  first  hostile  cruiser  that  met  them  would  carry  them 
prisoners  to  England.  The  wind  and  the  swell  continued 
so  high,  that  nearly  a  fortnight  elapsed  before  the  vessel 
could  be  tolerably  navigated  by  means  of  temporary  masts, 
constructed  with  spars.  Most  of  the  sails  had  been  lost 
with  the  masts,  and  those  which  remained,  having  been 
made  of  damaged  canvass,  were  continually  splitting.  The 
ship  was  moreover  leaky,  and  the  bread  damaged  by  sea 
water.  The  frigate  at  last  reached  Martinico  on  the  18th 
of  December.  The  feelings  excited  by  the  sudden  transi 
tion  from  danger  to  safety,  and  from  the  privations  of  such 
a  voyage  to  the  comforts  and  hospitalities  of  a  refined  and 
generous  society,  may  be  readily  imagined. 

In  approaching  Martinico,  Mr.  Jay  was  unconsciously 
exposed  to  very  imminent  danger.  Shortly  before  their 
arrival,  it  was  a  subject  of  discussion  on  board  whether 
they  should  make  for  St.  Pierre  on  the  north,  or  Port 
Royal  on  the  south  side  of  the  island.  Providentially,  the 
former  course  was  adopted ;  and  the  very  day  the  Con 
federacy  anchored  at  St.  Pierre,  a  fleet  of  six  English  ships 
of  the  line  captured  nine  French  merchantmen  off  Port 
Royal.  Had  the  frigate  steered  for  that  port,  her  capture 
would  have  been  inevitable,  and  Mr.  Jay's  mission  would 
have  terminated  in  the  Tower  of  London.  No  time  was 
lost  by  the  American  minister  in  procuring  a  conveyance 
to  Europe.  He  embarked  for  Toulon  on  the  28th  of 
December,  only  ten  days  after  his  arrival,  in  the  French 
frigate  Aurora,  which  the  governor  of  Martinico  politely 
ordered  on  this  service. 


LIFE    OF   JOHN    JAY.  105 


"JOHN    JAY    TO    THE    PRESIDENT    OF    CONGRESS. 

"  Martinico,  St.  Pierre,  25th  Dec.  1779. 

"  SIR, 

"  I  have  done  what,  perhaps,  I  shall  be  blamed  for ;  but 
my  pride  as  an  American,  and  my  feelings  as  a  man,  were 
not  on  this  occasion  to  be  resisted.  The  officers  of  the 
Confederacy  were  here  without  money,  or  the  means  of 
getting  any.  The  idea  of  our  officers  being  obliged  to 
sneak,  as  they  phrase  it,  from  the  company  of  French 
officers  for  fear  of  running  in  debt  with  them  for  a  bottle 
of  wine,  or  a  bowl  of  punch,  because  not  able  to  pay  for 
their  share  of  the  reckoning,  was  too  humiliating  to  be 
tolerable,  and  too  destructive  to  that  pride  and  opinion  of 
independent  equality  which  I  wish  to  see  influence  all  our 
officers.  Besides,  some  of  them  wanted  necessaries  too 
much  to  be  comfortable,  or  in  this  country,  decent.  In  a 
word,  I  have  drawn  on  the  fund  pointed  out  for  the  pay 
ment  of  part  of  my  salary,  for  one  hundred  guineas  in  their 
favour,  to  be  divided  among  them  according  to  their  re 
spective  ranks.  Indeed,  it  would  have  given  me  pleasure 
to  have  done  something  towards  covering  the  nakedness  of 
the  crew,  but  the  'expense  I  have  been  put  to  by  coming 
here,  and  the  preparations  for  another  voyage  would  not 
admit  of  it. 

"  I  have  the  honour  to  be,  sir, 

"  With  great  esteem  and  personal  regard, 
"  Your  excellency's  most  obedient  and  humble  servant, 

"JoHN  JAY." 

The  Aurora  frigate  arrived  at  Cadiz  the  22d  of  January, 
1780,  after  a  prosperous  voyage,  but  one  not  unattended 
with  danger,  as  she  was  chased  by  a  British  man-of-war, 
and  cleared  for  action.  She  fortunately  outsailed  her  pur 
suer,  and  put  into  Cadiz  for  intelligence,  when  it  was  ascer 
tained  that  the  naval  superiority  of  the  enemy  in  the 

VOL.  I. P 


106  LIFE    OF    JOHN    JAY. 

Mediterranean  was  so  great  as  to  render  it  unsafe  for  her 
to  proceed  to  Toulon. 

This  unexpected  termination  of  the  voyage  proved  not  a 
little  embarrassing  to  Mr.  Jay,  who  found  himself  at  Cadiz 
not  only  an  entire  stranger,  but  without  letters  of  introduc 
tion,  or  bills  of  credit.  He,  however,  soon  acquired  the 
good  will,  and  experienced  the  friendly  offices  of  many  gen 
tlemen  in  Cadiz,  and  was  treated  with  marked  attention  and 
hospitality. 

He  was  particularly  indebted  to  the  kindness  of  Count 
O'Reilly,  the  governor-general  of  Andalusia.  This  gentle 
man  invited  him  to  his  house  at  Port  St.  Mary's,  and 
behaved  to  him,  not  only  with  the  utmost  cordiality,  but 
with  an  openness  very  remarkable  in  an  experienced  cour 
tier.  He  gave  him  a  confidential  account  of  the  politics  of 
the  court,  and  of  the  personal  characters  of  those  who  com 
posed  it,  not  excepting  the  king  himself;  an  account 
which  Mr.  Jay  afterward  found  to  be  perfectly  accurate, 
and  from  which  he  derived  advantages.  His  sense  of  the 
jealous  temper  of  the  court  was  evinced  by  his  parting 
address  to  Mr.  Jay. 

"  You  feel,  J  perceive,"  said  he,  "  grateful  for  the  civil 
ities  I  have  had  the  pleasure  to  show  you,  and  upon  your 
arrival  at  Madrid  you  will  perhaps  think  it  proper  to  write 
and  thank  me  for  them.  Be  pleased  to  do  no  such  thing. 
Let  there  be  no  correspondence  between  us.  Should  you 
wish  to  make  any  communication  to  me,  mention  it  ver 
bally  to  my  friend  the  Count  D'Yranda.  I  shall  hear  it 
from  him." 

On  the  fourth  day  after  he  had  landed,  Mr.  Jay  despatched 
his  secretary  to  Madrid,  with  a  letter  for  the  Spanish  min 
ister,  acquainting  him  with  the  commission  with  which  he 
was  charged.  An  answer  was  returned,  inviting  him  to 
to  Madrid,  but  intimating  that  it  was  expected  he  would  not 
assume  a  formal  character,  which  must  depend  on  a  future 
acknowledgment  and  treaty. 


LIFE    OP   JOHN   JAY.  107 

Mr.  Jay  was  thus  led  to  perceive,  at  the  very  outset  of 
his  negotiation,  that  the  acknowledgment  of  American 
independence  by  Spain  would,  on  her  part,  be  a  matter  of 
bargain,  and  that  she  expected  to  be  paid  for  admitting  an 
indisputable  fact.  He,  however,  lost  no  time  in  repairing 
to  Madrid ;  and,  in  doing  so,  encountered  all  the  delay  and 
inconveniences  incident  to  Spanish  travelling. 

On  his  arrival  at  Madrid,  he  discovered  no  disposition  in 
the  Spanish  government  to  enter  into  negotiations  with  him, 
and  he  remarked,  soon  after,  in  a  letter  to  a  friend,  "  Pains 
were  taken  to  prevent  any  conduct  towards  me  that  might 
savour  of  an  admission  or  knowledge  of  American  independ 
ence.  Considering  the  object  of  our  treaty  with  France,  I 
thought  this  extraordinary.  I  do  not,  however,  ascribe  it  to 
any  malevolence  with  respect  to  us,  but  merely  to  a  design 
in  the  French  ambassador,  or  his  instructions,  so  to  manage 
the  proposed  treaties  as  that  both  Spain  and  America  may 
hold  themselves  indebted  for  the  attainment  of  their  respect 
ive  objects  to  the  good  offices  of  their  common  ally.  I 
have  too  much  confidence  in  our  friends  the  French,  to 
believe  they  wish  to  keep  Spain  and  America  longer  asun 
der,  although  a  design  of  squeezing  a  little  reputation  out 
of  the  business  may  embarrass  the  measures  for  a  junc 
tion." 

Shortly  after  Mr.  Jay's  departure  from  America,  Con 
gress  adopted  a  measure  that  was  prompted  rather  by  the 
exigencies  of  the  country  than  by  any  sound  principles  of 
policy.  As  one  expedient  for  raising  money  for  present 
necessities,  they  ordered  bills  to  be  drawn  on  Mr.  Jay  for 
more  than  half  a  million  of  dollars,  payable  six  months 
after  sight,  in  the  hope  that  before  that  time  he  would 
have  obtained  a  subsidy  from  the  Spanish  court.  With 
these  bills  supplies  were  purchased  for  the  army,  and 
the  holders  sent  them  to  their  European  correspondents, 
who  presented  them  to  Mr.  Jay  for  payment.  That 
Congress  should  have  ventured  on  such  a  measure,  not 
only  without  knowing  that  Mr.  Jay  could  procure  money 


108  LIFE    OF    JOHN    JAY. 

in  Spain,  but  even  before  they  had  heard  of  his  arrival 
there,  proves  the  desperate  situation  of  their  finances  at 
this  period  of  the  revolution,  and  their  conviction  that  the 
means  of  continuing  the  contest  were  to  be  provided  for  at 
every  hazard.  Similar  bills  were  drawn  upon  Mr.  Lau- 
rens,  who  had  sailed  as  American  minister  for  Holland ; 
and  unfortunately  they  arrived  before  the  minister,  who, 
being  captured  by  a  British  cruiser,  was  consigned  to  the 
Tower  of  London. 

Mr.  Jay,  on  receiving  notice  of  this  order  of  Congress, 
represented  it  to  the  Spanish  minister  as  an  evidence  of  the 
high  opinion  entertained  in  the  United  States  of  both  the 
resources  and  the  friendly  disposition  of  Spain.  This  novel 
compliment  does  not  appear  to  have  been  very  graciously 
received.  The  minister  neither  promised  nor  refused  to 
provide  for  the  payment  of  the  bills  ;  but  an  offer  of  about 
half  a  million  was  made,  on  condition  that  Congress  would 
furnish  Spain  with  ships  of  war  to  that  amount.  This  pro 
position,  which  if  faithfully  executed  could  have  benefited 
Spain  alone,  was  of  course  promptly  rejected.  Mr.  Jay 
was  then  given  to  understand,  that  the  claims  of  the  United 
States  to  the  navigation  of  the  Mississippi  prevented  the 
formation  of  a  treaty  with  them. 

Before  long,  the  expected  but  dreaded  bills  began  to 
arrive,  and  were  duly  presented  for  acceptance.  As  the 
minister  kept  himself  uncommitted,  the  American  envoy 
was  reduced  to  the  humiliating  necessity,  whenever  a  bill 
was  presented  to  him,  to  apply  to  the  court  for  leave  to 
accept  it,  or,  in  other  words,  to  solicit  the  Spanish  govern 
ment  to  loan  to  the  United  States  the  amount  of  the  bill.  Bills 
to  the  amount  of  thirteen  thousand  dollars  were  in  this  man 
ner  accepted ;  and  hopes  were  thus  excited,  that  pecuniary 
aid  would  be  afforded  by  Spain.  More  bills  were  soon 
after  presented,  and  Mr.  Jay  was  unable  to  ascertain 
from  the  minister  what  would  be  their  fate.  After  having 
been  for  some  time  kept  in  suspense,  he  was  visited  by  an 
agent  of  the  minister,  and  urged  to  relinquish  the  claims  of 


LIFE    OF    JOHN    JAY.  109 

the  United  States  to  the  Mississippi.  He  refused,  and  was 
soon  after  officially  informed  that  Spain  would  pay  no  more 
bills. 

He  now  inquired  whether  the  United  States  were  to 
expect  any  and  what  aid  from  Sp.ain.  It  was  rather  the 
policy  of  this  court,  being  then  at  war  with  Great  Britain, 
to  amuse  than  to  irritate  America.  A  desire  to  injure  her 
enemy  prompted  Spain  to  wish  for  the  independence  of 
the  United  States  ;  at  the  same  time  she  was  anxious  to 
obtain  from  the  latter  as  many  concessions  as  possible 
before  they  became  strong  enough  to  refuse  them.  It  was 
only,  however,  by  encouraging  an  expectation  of  aid  in  their 
struggle  with  Britain  that  the  States  could  be  induced  to 
yield  to  her  demands.  These  considerations  probably 
induced  the  minister  to  inform  Mr.  Jay,  that  if  he  could 
borrow  $150,000,  the  king  would  guarantee  its  repayment 
in  three  years.  The  result  of  this  offer  was,  not  unlikely, 
foreseen.  Mr.  Jay  endeavoured,  without  success,  to  effect 
the  loan  on  the  king's  security  in  Spain,  France,  and  Hol 
land.  Anxious  to  save  the  credit  of  his  country,  and  regard 
less  of  personal  consequences,  he  now  took  a  step  no  less 
remarkable  for  its  boldness  and  decision  than  for  its  variance 
with  his  usual  habits  of  prudence.  He  resolved  to  accept 
all  bills  that  should  be  presented  to  him ;  thus  making  him 
self  personally  responsible  for  their  payment.  This  was 
done  for  the  purpose  of  preserving  the  credit  of  the  United 
States  for  at  least  the  ensuing  six  months,  and  in  the  hope 
that  within  that  time  supplies  would  be  obtained  from  either 
Spain  or  France.  On  the  22d  of  September,  his  accept 
ances  amounted  to  $50,000.  He  then  applied  to  the  French 
court  for  assistance,  and  was  informed  that  none  could  be 
afforded.  It  was  not  long,  however,  before  he  received 
from  France,  through  Dr.  Franklin,  $25,000.  This  relief, 
small  as  it  was,  revived  his  hopes  and  strengthened  the 
resolution  he  had  taken ;  and  he  continued  to  accept  every 
bill  that  was  presented. 


110  LIFE    OF   JOHN    JAY. 

Spain,  finding  that  Mr.  Jay  would  not  barter  the  Missis 
sippi  for  a  loan,  and  perhaps  thinking  it  prudent  to  show 
some  slight  favour,  in  hopes  of  receiving  greater  ones  in 
return,  promised,  about  the  close  of  the  year,  to  pay  bills  to 
the  amount  of  $150,000,  when  they  should  become  due. 

This  year  proved  to  Mr.  Jay  one  of  great  anxiety 
and  perplexity.  The  bills  drawn  upon  him  by  Congress, 
and  the  conduct  of  the  Spanish  ministry,  were  fruitful 
sources  of  vexation.  The  narrowness  of  his  salary,  at  the 
most  expensive  court  in  Europe,  exposed  him  to  much  em 
barrassment,  and  occasioned  long  and  frequent  absences 
from  Mrs.  Jay  ;  since  the  king  being  in  the  habit  of  residing 
at  his  various  seats  in  the  course  of  the  year,  Mr.  Jay  was 
compelled  to  follow  the  court,  and,  from  pecuniary  consid 
erations,  was  denied  the  satisfaction  of  taking  her  with  him. 
Separated  from  her  only  child,  who  had  been  left  in  America, 
and  frequently  from  her  husband,  and  surrounded  by  for 
eigners  whose  language  she  could  not  speak,  it  may  be 
easily  imagined  with  what  delight  the  birth  of  an  infant  was 
hailed  by  herself  and  Mr.  Jay ;  and  with  what  anguish  of 
disappointment  they  were  called  to  mourn  its  death  a  month 
after.  Another  circumstance  tended  greatly  to  aggravate 
the  painful  situation  in  which  Mr.  Jay  was  placed.  Nearly 
a  whole  year  expired  after  his  departure  from  America 
before  he  received  a  line  from  any  of  his  family,  whom  he 
had  left  exposed  to  the  calamities  incident  to  a  civil  war. 
Some  of  his  letters  had  been  intercepted  by  the  enemy,  and 
others  he  had  reason  to  believe  had  been  suppressed  by  the 
Spanish  post-offices. 

Under  all  these  various  and  trying  circumstances  he  pre 
served  his  usual  composure  and  cheerfulness  ;  and  his 
attention  to  the  claims  of  his  country  and  his  friends  con 
tinued  unremitted.  Aware  of  the  privations  to  which  his 
father's  family  were  subjected  by  the  war,  and  knowing  by 
experience  the  difficulty  of  procuring  in  America  many  of 
the  common  conveniences  as  well  as  necessaries  of  life,  he 


LIFE    OF    JOHN   JAY. 


Ill 


frequently  sent  over,  both  from  Spain  and  France,  a  variety 
of  articles  for  their  use,  and  occasionally  supplied  them  with 
money  from  his  own  scanty  salary.* 


"  TO    GOVERNOR    CLINTON. 

«  Aranjues,  21  miles  from  Madrid,  6th  May,  1780. 
"  DEAR  SIR, 

"  As  I  have  not  my  papers  with  me,  I  cannot  ascertain 
the  number  or  dates  of  my  letters  to  you  since  I  left 

*  The  following  list  of  articles,  shipped  by  order  of  Mr.  Jay,  and  at  his 
expense,  from  Bordeaux,  10th  July,  1780,  is  annexed  as  a  singular  proof  of 
his  minute  attention  to  the  comforts  of  his  father's  family,  and  also  as  an 
evidence  of  the  destitute  condition  of  the  country  which  could  render  such 
supplies  acceptable  to  a  family  whom  the  war  had  found  in  opulence,  and 
who  still  possessed  a  large  estate. 


1  trunk  containing 

16  ells  blue  broad  cloth,  twist,  thread, 

and  silk. 

4£  do.  cotton  assorted  for  linings. 
Buttons,  twist,  silk,  buckram. 
3|  ells  superfine  broad  cloth  (brown). 
4£  do.  cotton. 

Buttons,  twist,  silk,  buckram. 
47  ells  blue  serge,  lining  for  the  blue 

broad  cloth. 
29|  do.  camlet. 
12  do.  silk  do. 
16  do.  flannel,  or  swanskin, 
i  Ib.  sewing  silk. 

1  Ib.  snuff. 

2  pairs  men's    superfine   white  silk 
hose. 

2  do.  do.  strong  do. 

6  do.  do.  cotton  superfine. 
6  do.  do.  or  women's  do.  do. 
6  do.  do.  worsted  mixed. 
6  do.  do.  thread,  gray. 

3  do.  do.  milled  hose  superfine, 

6  doz.  ebony  knives  and  forks,  tipped 

with  silver. 
1  pair  tailor's  shears. 


3  superfine  milled  caps. 

6  felt  hats. 

i  doz.  butcher's  knives. 

i  do.  brass  knee-buckles. 

1  do.  do.  thimbles. 

12  pieces  tape  of  20  ells. 

^  doz.  do. 

1  Ib.  thread. 

6  m.  pins. 

3  pairs  best  scissors. 

i  doz.  large  black  handkerchiefs. 

^  do.  coloured  do. 

3  Ib.  nitre. 

^  Ib.  cinnamon. 

\  Ib.  cloves. 

^  Ib.  nutmegs. 

\  Ib.  mace. 

50  ells  linen. 

1  piece  cotton  handkerchiefs. 

3  do.  fine  linen  18  ells. 

£  do.  G  ells  cambric. 

1  piece  chintz,  white  ground,  purple 
figure. 

31bs.  13  oz.  fine  hyson  tea. 

2  doz.  yarn  hose. 


112  LIFE    OP   JOHN   JAY. 

America.  I  have  often  done  myself  the  pleasure  of  writ 
ing  to  you  ;  and  am  in  daily  expectation  of  receiving  a  few 
lines  from  you. 

"  The  last  accounts  from  America  were  of  the  1  Oth 
March,  contained  in  two  or  three  Boston  newspapers, 
brought  to  Bilboa  from  Newbury.  They  give  us  reason, 
indeed,  to  expect  that  your  namesake's  fleet  has  been  tho 
roughly  dispersed,  and  his  designs  on  South  Carolina 
thereby  defeated.  I  am  anxious  for  a  confirmation  of  this 
intelligence ;  it  would  operate  in  Europe  as  much  to  our 
advantage,  though  perhaps  not  so  much  to  our  glory,  as  a 
victory.  As  long  as  you  can  maintain  your  importance, 
and  appear  neither  to  want  friends  or  fear  foes,  you  will 
enjoy  respectability  on  this  side  of  the  water,  and  reap  all 
the  advantages  resulting  from  it.  By  her  power,  justice, 
commerce,  and  consequence,  America  must  expect  to  gain 
and  keep  friends.  The  equity  of  her  cause  is  with  many 
only  a  secondary  consideration. 

"  It  is  said,  you  have  again  adopted  the  system  of  regu 
lating  prices :  I  expect  no  good  from  it.  What  has  been 
done  with  Vermont  ?  It  would  give  me  pain  to  hear  that 
things  remained  in  the  state  I  left  them.  Delay  is  a  trump 
card  that  ought  not  to  be  permitted  to  remain  in  hand. 

"  An  English  paper  contains  what  they  call,  but  I  can 
hardly  believe  to  be,  your  confiscation  act.  If  truly  printed, 
New- York  is  disgraced  by  injustice  too  palpable  to  admit 
even  of  palliation.  I  feel  for  the  honour  of  my  country,  and 
therefore  beg  the  favour  of  you  to  send  me  a  true  copy  of 
it ;  that  if  the  other  be  false,  I  may,  by  publishing  yours, 
remove  the  prejudices  against  you,  occasioned  by  the 
former. 

"  I  wish  to  know  who  are  your  members  in  Congress.  I 
find  Livingston  is  one,  and  am  glad  of  it.  What  has 
become  of  Morris  ?  Don't  let  his  enemies  in  or  out  of  the 
State  run  him  down. 

"  When  you  write  to  me,  recollect  that  it  is  ten  to  one 


LIFE    OF   JOHN    JAY.  113 

but  your  letter  will  be  inspected  in  its  way  to  me  through 
the  post-offices  of  France  or  Spain.  Write,  therefore, 
under  this  impression. 

"  When  you  see  my  old  friends,  remember  me  affec 
tionately  to  them.  You  know  who  they  are. 

"  Very  sincerely, 
"  Your  most  obedient  servant, 

"JOHN  JAY." 

/  •  The  confiscation  act,  referred  to  in  the  foregoing,  was 
unfortunately  authentic.  Mr.  Jay,  in  after-life,  often  spoke 
of  it  with  strong  indignation.  He  regarded  the  dispute  with 
Britain  as  one  in  which  men  might  conscientiously  take 
opposite  sides ;  and  while  he  was  ever  ready  to  adopt  all 
proper  measures  for  preventing  the  tories  from  injuring  the 
American  cause,  he  abhorred  the  idea  of  punishing  them 
for  their  opinions.  His  wish  was  that  no  estate  should  be 
confiscated,  except  such. as  belonged  to  those  who  had  been 
either  perfidious  or  cruel.  By  the  act  alluded  to  many 
were  attainted  who  had  been  perfectly  inoffensive  ;  and  he 
believed  motives  of  avarice  had  led  to  their  proscription. 
So  much  disgusted  was  he  with  the  injustice  and  inhu 
manity  of  this  law,  that  he  always  declined  purchasing  any 
property  that  had  been  confiscated  by  it. 

"  TO    GOUVERNEUR   MORRIS. 

"Madrid,  5th  November,  1780. 

"  DEAR  MORRIS, 

"  Three  of  your  letters  have  reached  me ;  the  last  was 
of  the  12th  July.  Some  of  mine  to  you  were  worth  little, 
and  their  miscarriage  was  of  no  consequence ;  there  was 
one  from  Madrid,  which  I  wish  may  come  to  your  hands ; 
it  was  interesting. 

"  Where  are  you  ? — what  are  you  doing  ?  Achilles  made 
no  figure  at  the  spinning-wheel.  The  State  of  New-York 
I  take  to  be  your  field  ;  if  prudently  cultivated,  it  will  yield 

VOL.  I. Q 


114  LIFE    OF   JOHN   JAY. 

much.  Letters,  though  the  best,  are  poor  substitutes  for 
conversation ;  but  we  must  be  content.  I  wish  to  hear 
many  things  of  and  from  you. 

"  Mrs.  Jay  is  in  tolerable  health  ;  she  has  had  a  fine  little 
daughter,  but  she  is  gone  home,  and  I  am  resigned.  I  have 
it  in  charge  fom  Mrs.  Jay  to  say  many  fiiendly  things  to 
you.  Drawing  bills  on  me  was  impolitic  in  many  respects. 
The  navigation,  &c.  is  strongly  insisted  on.  Many  fair 
promises  of  aids,  delays  unavoidable  or  designed,  the  court 
undecided  and  waiting  events  ;  the  British  courting  them. 
Why  was  n^t  Ternay  supported  ?  Depend  en  yourselves 
principally.  The  French  ambassador  here  has  excellent 
intelligence  from  your  city.  I  know  but  little  of  what 
passes  among  you,  and  shall  be  obliged  to  you  for  such  traits 
of  public  and  private  matters  as  you  may  think  interesting. 
I  have  had  some  letters  from  Deane  ;  he  is  much  displeased 
with  what  he  thinks  the  duplicity  of  certain  persons,  who 
in  particular  I  don't  know :  he  is  endeavouring  to  establish 
here  a  bargain  with  Miralles  about  masts,  and  talks  of  com 
ing  here  ; — how  did  you  and  he  part  ? 

"  Should  this  find  you  at  Philadelphia,  remember  me  to 
my  friends  there.  I  know  you,  and  therefore  am,  and  will 
be  cordially, 

"  Your  friend, 

"  JOHN  JAY." 

Mr.  Deane,  who  is  mentioned  in  the  preceding  letter,  was 
the  gentleman  of  whose  secret  correspondence  with  Mr. 
Jay  we  have  already  spoken.  On  his  return  to  America 
he  became  involved  in  disputes  with  Congress  about  his 
accounts,  and  went  back  to  France  greatly  dissatisfied  with 
the  treatment  he  had  received.  The  injustice,  whether  real 
or  imaginary,  which  he  experienced  from  Congress,  seems 
at  first  to  have  cooled,  and  finally  to  have  extinguished,  his 
attachment  to  the  American  cause.  He  professed  a  strong 
friendship  for  Mr.  Jay,  and  wrote  many  letters  to  him  from 


LIFE    OF   JOHN    JAY.  115 

France,  filled  with  criminations  of  his  supposed  enemies, 
and  with  gloomy  predictions  of  the  evils  that  awaited  his 
country.  We  insert  two  of  Mr.  Jay's  replies. 

"  TO    SILAS    DEANE. 

"Madrid,  26th  December,  1780. 
"DEAR    SlR, 

"  At  length  your  first  letter,  contrary  to  my  expecta 
tions,  has  arrived,  and  my  attention  to  it  shall  not  be  want 
ing.  I  have  also  received  your  favour  of  the  18th  Septem 
ber  ;  since  which  more  of  my  letters  than  one  have,  I  hope, 
reached  you,  this  being  the  fourth. 

"  I  have  read,  considered,  and  reconsidered  the  facts  and 
reflections  you  communicate,  and  am  persuaded  that  the 
consequences  you  draw,  though  in  a  certain  degree  just,  are 
not  quite  so  extensive  as  you  seem  to  suppose.  I  am  not 
free  from  similar  apprehensions,  but  they  are  not  so  strong 
as  yours.  But  however  well  founded  they  may  be,  they 
ought  only  to  increase  our  prudence.  If  I  had  leisure,  it 
would  give  me  pleasure  to  go  largely  into  this  subject :  at 
present  I  cannot,  because  matters  of  more  immediate  im 
portance  engage  me. 

"  That  you  have  been  hardly  treated  I  know,  and  shall 
never  hesitate  to  say ;  but  I  cannot  think  the  cases  of  the 
gentlemen  are  similar,  or  prove  the  points  to  which  you 
apply  them.  You  was  blamed,  not  for  omitting  finally  to 
settle  your  accounts  in  France,  but  for  not  being  in  capacity 
to  show  (when  in  America)  what  those  accounts  were  ;  and 
I  don't  know  that  those  gentlemen  were  or  will  be  charge 
able  with  the  like  incapacity.  I  mention  this  only  to  show 
the  distinction  between  the  cases. 

"  How  far  the  distinction  is  important,  or  how  far  that 
incapacity  could  justify  the  treatment  it  occasioned,  are 
other  questions.  For  my  own  part  I  think  it  could  not 
justify  it.  It  will  also  remain  a  question  how  far  your 
measures  were  prudent.  I  think  some  of  them  were,  and 


116  LIFE    OP  JOHN    JAY. 

some  not ;  but  this  inquiry  requires  many  considerations, 
and  combinations,  and  circumstances,  which  I  must  defer 
for  the  present.  The  discoveries  you  allude  to  respecting 
secret  practices  surprise  me  exceedingly ;  I  had  no  such 
suspicions  :  perhaps  you  may  give  more  weight  to  circum 
stances  than  they  may  merit.  The  inquiry  nevertheless  is 
very  important,  and  while  any  doubts  remain,  the  pursuit 
should  be  continued.  Justice  demands  that  we  should  not 
even  in  our  opinions  injure  men  who  may  be  innocent ;  and 
prudence  also  demands  that  we  permit  not  a  good  heart  to 
impose  on  a  good  head, — a  case  by  no  means  uncommon. 

"  I  wish  there  were  twenty  other  motives  than  those  you 
mention  for  your  passing  to  Spain,  exclusive  of  the  satisfac 
tion  it  will  give  me  to  see  you.  The  matters  you  mention 
are  highly  interesting  in  a  public  and  a  private  view.  They 
cannot  be  so  well  handled  in  letters  as  conversation.  Whe 
ther  it  will  be  in  my  power  to  meet  you  I  cannot  predict,  and 
therefore  cannot  promise.  It  would  be  agreeable,  but  I 
have  hitherto  found  so  many  matters  not  to  be  neglected 
constantly  demanding  my  attention,  that  I  cannot  flatter 
myself  with  being  more  disengaged  till  the  greater  objects 
of  my  coming  here  shall  be  either  attained  or  become  un 
attainable.  If  I  should  nevertheless  be  able,  I  will ;  if  not, 
I  hope  you  will  come  on. 

"  The  attachment  you  express  for  your  country,  notwith 
standing  your  complaints  of  her  ingratitude,  does  you  much 
honour.  The  injustice  of  resenting  on  a  whole  people  the 
mistakes  or  transgressions  of  a  few  is  obvious ;  but  there 
are  comparatively  not  many  who,  under  similar  circum 
stances,  either  think  right  or  act  so.  Truth  is  seldom  so 
immersed  in  darkness  as  not  to  be  capable  of  being  brought 
to  light  if  attempted  in  season  ;  and  as  the  mass  of  the 
people  mean  well,  they  will  finally  do  justice,  though  their 
mistakes  and  passions  sometimes  delay  it.  Persevere  there 
fore,  do  good  to  your  country,  and  evince  the  rectitude  of 
your  conduct  while  in  her  service.  I  believe  you  honest, 


LIFE    OP   JOHN   JAY.  117 

and  I  think  you  injured.  These  considerations  will  always 
prompt  me  to  every  friendly  office  in  my  power  to  render. 
I  must  again  advise  you  to  collect,  review,  and  ascertain 
precisely  the  evidence  you  may  have  or  can  obtain  of  the 
duplicity  of  the  persons  you  allude  to,  whoever  they  may 
be.  I  see  this  business  in  many  important  lights,  and  the 
time  may  come  when  you  may  rejoice  in  all  the  trouble  you 
may  now  be  at  about  it.  Nay,  all  this  evidence,  provided  it 
should  appear  material,  ought  to  be  committed  to  paper,  and 
not  permitted  to  diminish  or  die  in  or  with  your  memory :  put 
it  in  the  power  of  your  friends  to  vindicate  your  reputation 
when  you  may  be  no  more.  It  will  be  of  particular  import 
ance  to  your  son,  to  whom  you  cannot  leave  a  better  inherit 
ance  than  a  good,  nor  a  worse  one  than  a  bad  or  doubtful 
reputation.  Remember  too  that  time  is  spending,  men  for 
getting  or  dying,  papers  wasting,  &c. ;  and  therefore  the 
sooner  you  reduce  these  matters  to  certainty  the  better. 

"Mrs.  Jay  and   the   colonel   desire  to  be  particularly 
remembered  to  you.     This  will  go  under   cover   to  Dr. 
Franklin.     Be  pleased  to  assure  him  of  my  regard  and 
esteem,  of  which  also  believe  you  have  no  little  share. 
"  I  am,  dear  sir,  very  sincerely  yours,  &c. 

"  JOHN  JAY." 

"TO  SILAS  DEANE. 

"  Madrid,  1st  November,  1780. 

"  DEAR  DEANE, 

"  If  my  regard  for  my  friends  be  measured  by  the  length 
of  the  letters  I  write  them,  I  confess  they  have  often  reason 
to  complain,  especially  as  constant  attention  to  matters 
of  public  concern  leaves  me  little  leisure  for  that  pleasing 
method  of  employing  one's  vacant  hours.  Not  many  days 
have  passed  since  I  wrote  you  a  letter  of  more  than  mode 
rate  length ;  and  if  I  could  indulge  my  inclination,  you  would 
read  much  of  my  writing.  There  are  many  subjects,  both 


118  LIFE    OF   JOHN    JAY. 

interesting  and  otherwise,  on  which  I  should  be  glad  to  con 
verse  with  you,  either  on  paper  or  in  person ;  but  the  former 
is  seldom  in  my  power,  for  the  reason  I  have  mentioned. 
Could  I  transport  myself  for  a  few  hours  to  Passy,  we 
should  soon  find  ourselves  in  a  situation  similar  to  that 
we  were  often  in  at  Mrs.  House's  in  1775.  Letters  cannot 
effect  this ;  a  multiplicity  of  circumstances  must  necessarily 
be  stated  and  combined.  Besides,  I  perceive  that  you 
neither  know  my  situation  respecting  certain  individuals, 
nor  I  yours.  I  am  convinced  that  we  have  the  same  regard 
for  each  other  as  before.  You  will  be  of  the  same  opinion 
if  Providence  should  again  give  us  an  occasion  of  convers 
ing.  These  are  no  times  to  bid  adieu  to  politics  ;  while 
you  can  be  useful  in  them,  don't  restrain  your  pen  from 
those  subjects.  If  ever  you  and  I  should  talk  these  matters 
over,  you  will  think  my  letters  less  reprehensible. 

"  The  captain  of  a  vessel  lately  arrived  at  Cadiz  from 
North  Carolina,  says  our  paper  was  appreciating  there. 
The  King  of  Spain  has  offered  us  his  responsibility  to  facili 
tate  a  loan,  and  I  am  in  a  fair  way  of  having  some  clothing 
for  our  army.  These  circumstances  will  give  you  pleasure, 
I  am  sure.  The  state  of  America  I  admit  to  be  a  serious 
matter ;  but  I  still  think  it  will  terminate  well,  though  it  may 
be  scorched  by  the  ordeal  through  which  it  is  to  pass :  of 
this  you  know  more  than  I  do,  and  therefore  can  better 
judge.  France  had  better  be  cautious.  I  believe  firmly 
the  old  adage,  nil  utile,  nisi  quod  honestum ;  and  therefore 
before  politicians  and  others  deviate  from  integrity,  they 
should  well  consider  the  consequences.  I  see  very  clearly 
that  in  the  instance  alluded  to  repentance  would  soon 
follow,  and  not  only  prove  ineffectual,  but  severe.  In  a 
word,  my  friend,  as  to  all  these  affairs,  I  believe  that  a  wise 
and  good  Being  governs  this  world,  that  he  has  ordered  us 
to  travel  through  it  to  a  better  one,  and  that  we  have 
nothing  but  our  duty  to  do  on  the  journey,  which  will  not 


LIFE    OF   JOHN    JAY.  119" 

be  a  long  one.  Let  us  therefore  travel  on  with  spirits  and 
cheerfulness,  without  grumbling  much  at  the  bad  roads, 
bad  inns,  or  bad  company  we  may  be  obliged  to  put  up 
with  on  the  way.  Let  us  enjoy  prosperity  when  we  have 
it,  and  in  adversity  endeavour  to  be  patient  and  resigned, 
without  being  lazy  or  insensible. 

"  I  cannot  approve  of  your  ceasing  to  reflect  on  certain 
subjects.  The  more  you  reflect  on  them  the  better  in  my 
opinion ;  upon  the  same  principle,  that  it  is  better  to  meet 
and  reduce  one's  enemies,  than  submit  to  their  bondage,  or 
remain  exposed  to  repeated  injuries. 

"  Mrs.  Jay  and  the  colonel  desire  me  to  make  their  com 
pliments  to  you. 

"  I  am,  dear  sir,  very  truly, 

"  Your  friend  and  servant, 

"  JOHN  JAY." 

The  draught  of  the  last  letter  contains  the  following  pas 
sage,  which,  from  a  line  drawn  across  it,  appears  to  have 
been  omitted  in  the  copy,  probably  from  its  apparent 
egotism :  it  is  important  as  explaining  the  great  governing 
principle  of  Mr.  Jay's  life. 

"  Your  country  has  been  ungrateful,  you  say — admit  it. 
I  have  done  nothing  but  serve  my  country  for  these  six 
years  past,  and  that  most  faithfully.  But  I  confess  that  I 
did  it,  and  am  still  doing  it,  as  much  and  more  for  my  own 
sake  as  for  theirs ;  that  is,  because  I  thought  and  think  it 
my  duty :  without  doing  which  I  know  I  cannot  please  my 
Maker  and  get  to  heaven.  Provided  HE  is  satisfied  with 
my  conduct,  the  mistaken  opinions  of  others  cannot  deprive 
me  of  happiness."  \ 

Mr.  Jay  laboured,  but  in  vain,  to  induce  the  Spanish 
court  to  enter  into  negotiations  for  a  treaty.  His  advances 
were  met  with  coldness,  and  various  pretexts  were  made 
for  delay.  At  length,  on  the  18th  May,  he  had  the  mor- 


120  LIFE    OF   JOHN   JAY. 

tification  of  learning  by  a  private  letter  from  America,  that 
Congress  had,  on  the  15th  of  the  preceding  February, 
resolved  to  instruct  him,  no  longer  to  insist  on  the  free  navi 
gation  of  the  Mississippi  below  the  southern  boundary  of 
the  United  States.  This  resolution  was  introduced  by  the 
delegates  from  Virginia,  and  assented  to  by  all  the  Southern 
States,  with  the  exception  of  North  Carolina.  Mr.  Jay 
became  well  assured  that  these  new  instructions  were 
known  to  the  Spanish  minister,  and  to  the  French  ambassa 
dor  at  Madrid  ;  and  yet,  strange  as  it  may  seem,  he  himself 
received  no  official  notice  of  them  till  the  llth  July  follow 
ing,  when  the  Spanish  secretary  of  state  placed  in  his  hands 
a  letter  from  the  President  of  Congress,  announcing  the 
altered  resolution  of  that  body.  The  despatch  had  been 
imprudently  lodged  in  the  post-office  by  the  person  to  whose 
care  it  had  been  intrusted.  From  the  post-office  it  had 
been  sent  to  the  minister,  who  did  not  think  proper  to  de 
liver  it  till,  as  the  appearance  of  the  packet  manifested, 
he  had  opened  it,  and  made  himself  acquainted  with  its 
contents. 

Mr.  Jay  now  again  urged  the  negotiation,  and  presented 
the  minister  with  the  plan  of  a  treaty  ;  one  article  of  which 
relinquished  the  claim  of  the  United  States  to  the  navigation 
of  the  Mississippi ;  accompanied  by  a  declaration  made  on 
his  own  responsibility,  that  should  the  proposed  treaty  not 
be  concluded  before  a  general  peace,  the  United  States 
were  not  to  be  bound  by  their  present  offer  to  surrender 
the  navigation. 

But  if  Mr.  Jay  was  surprised  and  mortified  by  his 
instructions  respecting  the  Mississippi,  those  emotions  were 
far  more  strongly  excited  by  receiving  from  Congress  cer 
tain  instructions,  which  accompanied  commissions,  autho 
rizing  him  in  conjunction  with  others  to  enter  into  negotia 
tions  for  peace  with  Great  Britain,  and  to  accept  of  the 
mediation  of  the  Empress  of  Russia  and  the  Emperor  of 


LIFE    OP   JOHN    JAY.  121 

Germany.     His  feelings  on  this  occasion  are  depicted  in 
the  following  letter. 

"  TO    THE    PRESIDENT    OF    CONGRESS. 

"  St.  Ildefonso,  20th  Sept.,  1781. 

«  SIR, 

"  Your  excellency's  favour  of  the  5th  July  past,  with  the 
papers  therewith  enclosed,  were  delivered  to  me  on  the 
29th  ult.  by  Major  Franks,  whom  the  procrastination  of  the 
minister  still  obliges  me  to  detain. 

"  The  new  commissions  with  which  Congress  have  hon 
oured  me,  argue  a  degree  of  confidence  which  demands  my 
warmest  acknowledgments  ;  and  which,  so  far  as  it  may 
be  founded  on  an  opinion  of  my  zeal  and  integrity,  they 
may  be  assured  will  not  prove  misplaced. 

"  At  the  commencement  of  the  present  troubles  I  deter 
mined  to  devote  myself,  during  the  continuance  of  them,  to 
the  service  of  my  country,  in  any  station  in  which  she 
might  think  it  proper  to  place  me.  This  resolution,  for  the 
first  time,  now  embarrasses  me.  I  know  it  to  be  my  duty, 
as  a,public  servant,  to  be  guided  by  my  own  judgment  only 
in  matters  referred  to  my  discretion ;  and,  in  other  cases, 
faithfully  to  execute  my  instructions  without  questioning 
the  policy  of  them.  But  there  is  one  among  those  which 
accompany  the  commissions,  which  occasions  sensations  I 
never  before  experienced,  and  induces  me  to  wish  that  my 
name  had  been  omitted. 

"  So  far  as  personal  pride  and  reluctance  to  humiliation 
may  render  this  appointment  disagreeable,  I  view  it  as  a 
very  unimportant  .circumstance ;  and  should  Congress,  on 
any  occasion,  think  it  for  the  public  good  to  place  me  in  a 
station  inferior  and  subordinate  to  the  one  I  now  hold,  they 
will  find  me  ready  to  descend  from  the  one,  and  cheerfully 
undertake  the  duties  of  the  other.  My  ambition  will  always 
be  more  gratified  in  being  useful  than  conspicuous  ;  for,  in 
my  opinion,  the  solid  dignity  of  a  man  depends  less  on  the 

VOL.  I. R 


122  LIFE    OP   JOHN    JAY. 

height  or  extent  of  the  sphere  allotted  to  him,  than  on  the 
manner  in  which  he  may  fulfil  the  duties  of  it. 

"  But,  sir,  as  an  American,  I  feel  an  interest  in  the  dig 
nity  of  my  country,  which  renders  it  difficult  for  me  to 
reconcile  myself  to  the  idea  of  the  sovereign  independent 
States  of  America  submitting,  in  the  persons  of  their  min 
isters,  to  be  absolutely  governed  by  the  advice  and  opinion 
of  the  servants  of  another  sovereign,  especially  in  a  case 
of  such  national  importance. 

"  That  gratitude  and  confidence  are  due  to  our  allies  is 
not  to  be  questioned ;  and  that  it  will  probably  be  in  the 
power  of  France  almost  to  dictate  the  terms  of  peace  for  us, 
is  but  too  true.  That  such  extraordinary  extent  of  confi 
dence  may  stimulate  our  allies  to  the  highest  efforts  of  a 
generous  friendship  in  our  favour,  is  not  to  be  denied  ;  and 
that  this  instruction  receives  some  appearance  of  policy 
from  this  consideration,  may  be  admitted. 

"  I  must,  nevertheless,  take  the  liberty  of  observing,  that 
however  our  situation  may,  in  the  opinion  of  Congress,  ren 
der  it  necessary  to  relax  their  demands  on  every  side,  and 
even  to  direct  their  commissioners  ultimately  to  concur  (if 
nothing  better  can  be  done)  in  any  peace  or  truce  not  sub 
versive  of  our  independence,  which  France  may  be  deter 
mined  to  accede  to,  yet  that  this  instruction,  besides  breath 
ing  a  degree  of  complacency  not  quite  republican,  puts  it 
out  of  the  power  of  your  ministers  to  improve  those  chances 
and  opportunities  which,  in  the  course  of  human  affairs, 
happen  more  or  less  frequently  unto  all  men.  Nor  is  it 
clear  that  America,  thus  casting  herself  into  the  arms  of  the 
King  of  France,  will  advance  either  her  interest  or  reputa 
tion  with  that  or  other  nations. 

'•'  What  the  sentiments  of  my  colleagues  on  this  occasion 
may  be,  I  do  not  as  yet  know  ;  nor  can  I  foresee  how  far  the 
negotiations  of  the  ensuing  winter  may  call  for  the  execu 
tion  of  this  commission.  Thus  circumstanced,  and  at  such 
a  distance  from  America,  it  would  not  be  proper  to  decline 


LIFE    OF   JOHN    JAY.  123 

this  appointment.  I  will,  therefore,  do  my  best  endeavours 
to  fulfil  the  expectations  of  Congress  on  this  subject;  but  as 
for  my  own  part,  I  think  it  improbable  that  serious  negotia 
tions  for  peace  will  soon  take  place,  I  must  entreat  Congress 
to  take  an  early  opportunity  of  relieving  me  from  a  station 
where,  in  character  of  their  minister,  I  must  necessarily 
receive  and  obey  (under  the  name  of  opinions)  the  direc 
tions  of  those  on  whom  I  really  think  no  American  minister 
ought  to  be  dependent,  and  to  whom,  in  love  for  our  country, 
and  zeal  for  her  service,  I  am  sure  that  my  colleagues  and 
myself  are  at  least  equal. 

"  I  have  the  honour  to  be,  &c. 

"Jon*  JAY." 

It  may  not  be  uninteresting  to  trace  the  causes  which  led 
Congress  to  assent  to  an  instruction  that  could  both  prompt 
and  justify  such  a  letter. 

By  the  treaty  of  alliance  between  France  and  the  United 
States,  each  party  was  bound  not  to  conclude  either  a  peace 
or  a  truce  with  the  common  enemy  without  the  consent  of 
the  other;  and  they  mutually  engaged  not  to  lay  down 
their  arms  until  the  independence  of  the  latter  had  been  for 
mally  or  tacitly  assured  by  the  treaty  or  treaties  which 
should  terminate  the  war. 

France  had,  of  course,  her  own  objects  in  declaring  war 
against  Great  Britain ;  and  as  the  separation  of  the  colonies 
from  the  mother  country  tended  to  further  those  objects, 
she  laboured  sincerely  and  zealously  to  effect  the  separa 
tion.  But  after  she  had  obtained  the  objects  for  which  she 
had  gone  to  war,  it  would  have  been  inconvenient  for  her 
to  have  continued  the  contest  solely  for  the  benefit  of  her 
American  allies.  She  was  restrained  no  less  by  inclination  t 
than  by  treaty  from  making  peace  till  the  independence  of 
the  colonies  was  secured;  but  it  was  possible  that  the 
United  States  might  prefer  claims  beyond  mere  independ 
ence,  which  Great  Britain  might  refuse  to  allow,  and  it  was 


124  LIFE   OF   JOHN   JAY. 

the  policy  of  France  to  avoid,  on  the  one  hand,  a  breach  of 
the  faith  she  had  plighted  to  America,  and,  on  the  other,  a 
continuance  of  the  war  for  objects  in  which  she  had  no 
interest.  Hence  it  became  very  important  to  France  to 
have  the  power  of  controlling  the  negotiation  of  the  Amer 
ican  claims,  that  they  might  not  protract  the  war  after  she 
herself  was  ready  for  peace.  But  it  is  not  to  be  supposed, 
that  this  was  the  only  consideration  that  could  render  such 
a  power  desirable  to  the  French  court. 

The  ultimate  independence  of  America  was  now  placed 
beyond  a  doubt,  and  France  was  naturally  anxious  to  ren 
der  subservient  to  her  interests  an  ally  in  whose  cause  she 
had  expended  so  much  blood  and  treasure.  The  United 
States,  with  contracted  boundaries,  excluded  from  the  Gulf 
of  Mexico,  and  denied  all  participation  in  the  fisheries,  and 
irritated  with  England,  would  be  more  likely  to  assume  the 
character  of  a  humble  satellite  to  the  house  of  Bourbon, 
revolving  within  its  sphere,  and  controlled  by  its  influence, 
than  if  elevated  to  the  rank  of  a  powerful  empire,  and 
reconciled  with  Great  Britain  by  a  liberal  and  equitable 
treaty.  France  seems  to  have  been  early,  as  well  as 
steadily  influenced  by  views  like  these.  In  1779,  Congress 
were  engaged  in  discussing  the  conditions  of  peace  proper 
to  be  proposed.  The  ultimata  suggested  were  : 

1st.  The  acknowledgment  of  the  independence  of  the 
United  States  by  Great  Britain,  previous  to  any  treaty  or 
negotiation  for  peace. 

2d.  That  the  Mississippi  should  be  the  western  boundary. 

3d.  A  participation  in  the  fisheries. 

4th.  The  navigation  of  the  Mississippi  to  the  southern 
boundary,  and  a  port  below  it.* 

While  this  subject  was  under  discussion,  the  French 
minister  at  Philadelphia,  Mr.  Gerard,  submitted  to  Con 
gress  a  written  memorial,  in  which  he  gave  them  to  under- 

*  Secret  Journal  of  Congress. 


LIFE    OP   JOHN   JAY.  125 

stand  that  Britain  would  probably  refuse  a  formal  acknow 
ledgment  of  their  independence,  and  reminded  them  that, 
"  to  this  day,  Genoa  and  the  Swiss  Cantons  have  obtained 
no  renunciation,  nor  acknowledgment,  either  tacit  or  formal, 
from  their  former  sovereigns,  but  they  enjoy  their  sove 
reignty  and  independence  only  under  the  guarantee  of 
France" 

These  remarks  were,  doubtless,  aimed  at  the  first  of  the 
proposed  ultimata.  That  condition,  it  was  apprehended, 
might  protract  the  war  longer  than  would  be  convenient 
to  France ;  and  it  would  not,  probably,  have  been  displeas 
ing  to  that  court  should  the  United  States,  like  Genoa  and 
the  Swiss  Cantons,  have  consented  to  enjoy  their  inde 
pendence  under  its  guarantee.  He,  moreover,  urged  upon 
Congress,  that  "  it  was  important  to  provide,  that  difficul 
ties  of  this  nature,  which  reside  merely  in  words,  should 
not  delay  or  prevent  America  from  enjoying  the  thing 
itself."  He  next  adverted  to  "  the  manifest  and  striking 
necessity  of  enabling  Spain,  by  the  determination  of  just 
and  moderate  terms,  to  press '  upon  England  with  her  good 
offices,  and  to  bring  her  mediation  to  an  issue."  This  was 
a  hint  to  Congress  as  to  their  2d  and  4th  ultimata.  Con 
gress,  however,  at  this  time  remained  firm,  and  unani 
mously  concurred  in  the  instructions  to  be  given  to  the 
minister  to  be  appointed  to  conduct  the  negotiations  for 
peace.  These  instructions  required  that  Great  Britain 
should  treat  with  the  United  States  as  a  sovereign  and  in 
dependent  nation,  and  they  insisted  that  the  Mississippi 
should  be  the  western  boundary.  The  condition  relating 
to  the  fisheries  was  omitted,  but  Congress  at  the  same  time 
passed  a  declaratory  resolution,  that  any  future  attempt  on 
the  part  of  Great  Britain  to  molest  any  of  the  inhabitants 
of  the  United  States  in  the  exercise  of  their  right  to  the 
fisheries,  should  be  a  cause  for  war. 

In  all  other  matters  not  provided  for  by  the  instructions, 
the  minister  was  to  be  governed  "  by  the  advice  of  our 


126  LIFE    OF   JOHN    JAY. 

allies,  by  your  knowledge  of  our  interests,  and  by  your  own 
discretion" 

The  ultimata  agreed  on  by  Congress,  and  the  qualified 
reference  of  their  minister  to  the  advice  of  their  allies,  did 
not  comport  with  the  views  of  the  French  court.  That 
court  appointed  Count  Luzerne  to  succeed  Mr.  Gerard ; 
and  on  the  25th  January,  1780,  the  new  minister  requested 
a  conference  with  Congress.  A  committee  was  appointed 
to  receive  his  communications ;  and  they  reported  that  the 
count  was  ordered  by  his  government  to  inform  Congress 
of  certain  points  which  Spain  deemed  of  great  importance, 
and  on  which  it  was  necessary  that  Congress  should  ex 
plicitly  explain  themselves,  viz. 

1st.  That  the  territories  of  the  United  States  extended 
no  further  west  than  the  limits  to  which  settlements  were 
permitted  by  the  royal  proclamation  of  1763. 

2dly.  That  the  United  States  have  no  right  to  navigate 
the  Mississippi,  having  no  territory  adjoining  any  part  of 
the  river. 

3dly.  That  Spain  will  probably  conquer  the  Floridas, 
and  intends  holding  them. 

4thly.  That  the  territory  on  the  east  side  of  the  Missis 
sippi  belongs  to  Great  Britain,  and  will  probably  be  con 
quered  by  Spain ;  and  the  minister  therefore  advised  Con 
gress  to  restrain  the  southern  States  from  making  any  settle 
ments  or  conquests  in  that  territory. 

Count  Luzerne  likewise  intimated  for  the  information  of 
Congress,  that  France  could  not  regard  the  independence  of 
the  United  States  as  free  from  danger  until  they  were  united 
in  amity  with  Spain.* 

These  extraordinary  communications  led  Congress  to 
perceive  that  France  did  not  intend  to  countenance  them 
in  their  claim  to  the  navigation  of  the  Mississippi,  and  doubt 
less  induced  them  to  order  Mr.  Jay  to  abandon  it.  Al 
though  this  interference  of  France  in  behalf  of  Spain  did 

*  Secret  Journal  of  Congress. 


LIFE    OF    JOHN    JAY.  127 

not  coincide  with  the  frequent  and  strong  declarations  of 
her  regard  for  the  rights  and  interests  of  her  American 
allies,  it  was  not  unnatural,  and  ought  not  to  have  been  unex 
pected.  The  two  courts  were  allied  by  a  common  interest 
and  a  common  religion,  as  well  as  by  the  ties  of  consanguin 
ity,  and  of  the  Family  Compact.  That  under  these  circum 
stances,  France  should  have  lent  the  weight  of  her  influence 
to  the  claims  of  a  branch  of  the  house  of  Bourbon  rather 
than  to  those  of  a  distant  people,  in  whom  she  had  become 
interested  only  by  recent  political  occurrences,  and  whose 
language,  religion,  and  manners  were  all  alien  to  her  own, 
was  no  otherwise  a  just  cause  of  complaint  than  that  the 
preference,  instead  of  being  frankly  and  honestly  avowed, 
was  masked  by  insincere  professions,  and  its  objects  pur 
sued  by  indirect  and  disingenuous  means. 

Count  Luzerne,  having  succeeded  in  persuading  Congress 
to  relinquish  their  claim  to  the  Mississippi,  made  a  further 
trial  of  their  submissiveness.  On  the  26th  May,  1781,*  he 
informed  Congress  that  the  Empress  of  Russia,  and  the 
Emperor  of  Germany,  had  offered  their  mediation  for  a 
peace,  and  that  as  the  manner  of  conducting  the  negotiation, 
the  extent  of  the  powers  to  be  granted  to  the  American 
plenipotentiary,  and  the  use  to  be  made  of  them,  as  well  as 
the  confidence  that  ought  to  be  reposed  in  the  king's  minis 
ters,  were  subjects  which  should  be  fully  discussed  with  a 
committee,  he  asked  Congress  to  appoint  a  committee  to 
confer  with  him. 

This  arrogant  demand  was  acceded  to.  The  committee 
appointed  for  this  purpose  reported  to  Congress,  that  the 
minister  disapproved  of  their  late  nomination  of  a  minister 
to  Russia ;  that  he  complained  that  Mr.  Adams,  who  was 
then  in  Europe  with  a  commission  from  Congress  for  nego 
tiating  a  treaty  of  peace,  assumed  the  right  under  that  com 
mission  of  treating  with  England  ;  and  that  the  count  was 
desirous  that  Congress  should  draw  a  line  of  conduct  for 

*  Secret  Journal  of  Congress. 


128  LIFE    OF    JOHN    JAY. 

that  minister,  of  which  he  might  not  be  permitted  to  lose 
sight,  and  would  order  him,  with  respect  to  the  manner  of 
executing  his  instructions, "  to  receive  his  directions  from  the 
Count  de  Vergennes,  or  from  the  per  son  who  might  be  charged 
with  the  negotiation  in  the  name  of  the  king"  He  also  added, 
that  in  the  opinion  of  Count  Vergennes,  it  is  of  great  import 
ance  that  these  instructions  be  given  as  soon  as  possible  to 
Mr.  Adams. 

On  the  8th  of  June,  after  much  discussion,  Congress 
agreed  on  new  instructions  to  Mr.  Adams  ;  in  which  they 
forbear  insisting  on  any  other  ultimata  in  the  treaty  of 
peace  but  independence,  and  the  observance  of  existing 
treaties  with  France.  The  instructions  concluded  as  fol 
lows  :  "  You  are  to  make  the  most  candid  and  confidential 
communications  upon  all  subjects  to  the  ministers  of  our 
generous  ally  the  King  of  France  ;  to  undertake  nothing  in 
the  negotiations  for  peace  or  truce  without  their  know 
ledge  or  concurrence ;  and  to  make  them  sensible  how 
much  we  rely  upon  his  majesty's  influence  for  effectual 
support  in  every  thing  that  may  be  necessary  to  the 
present  security,  or  future  prosperity  of  the  United  States 
of  America." 

The  committee  already  mentioned  now  recommended 
that  some  person  should  be  associated  with  Mr.  Adams  in 
the  negotiation.  This  recommendation  was,  no  doubt, 
suggested  by  the  count,  who  had  conferred  with  the  com 
mittee,  and  who  dreaded  the  well  known  independent  char 
acter  of  Mr.  Adams.  Congress,  however,  thinking  they 
had  already  carried  their  complaisance  far  enough,  refused 
at  first  to  appoint  additional  commissioners,  but  ordered  the 
committee  to  communicate  in  confidence  the  new  instruc 
tions  to  Count  Luzerne.  It  was,  no  doubt,  supposed  that 
these  instructions  would  not  only  receive  the  approbation 
and  applause  of  the  French  minister,  but  would  remove 
whatever  apprehension  he  or  his  court  might  have  enter 
tained  of  the  unbending  patriotism  of  Mr.  Adams,  left  as 


LIFE    OF   JOHN    JAY.  129 

he  was  by  the  first  instructions  to  the  guidance  of  his  "  own 
discretion." 

The  surprise  and  mortification  of  Congress  may  be  easily 
conceived  when  they  learned  from  their  committee,  that 
the  arrogance  of  their  powerful  ally  demanded  further  sac 
rifices  of  national  honour  and  independence.  They  had 
submitted  to  the  French  minister  the  instructions  recently 
adopted ;  and  now  proposed  the  insertion  in  them  of  the 
following  words,  viz.  "  and  ultimately  to  govern  yourself 
by  their  (the  ministers  of  the  King  of  France)  advice  and 
opinion:"  thus  making  the  American  negotiator  a  mere 
puppet,  to  be  played  at  pleasure  by  Count  Vergennes. 
Astonishing  as  it  may  seem,  only  three  States  in  Congress, 
Massachusetts,  Rhode  Island,  and  Connecticut,  voted 
against  this  prostration  of  their  country  at  the  footstool  of 
a  despotic  prince.*  Having  thus  surrendered  the  whole 
negotiation  into  the  hands  of  the  French  cabinet,  Congress 
no  longer  thought  it  worth  while  to  insist  on  their  original 
appointment  of  Mr.  Adams ;  and  as  Count  Vergennes 
wished  other  tools  to  work  with,  they  proceeded  to  associate 
Mr.  Jay,  Dr.  Franklin,  Mr.  Jefferson,  and  Mr.  Laurens 
with  Mr.  Adams,  as  ministers  plenipotentiary  to  negotiate 
a  peace. 

We  thus  find  that  the  instructions  which  excited  Mr. 
Jay's  indignation  were  virtually  dictated  by  a  foreign 
minister,  and  for  the  express  and  obvious  purpose  of  sacri 
ficing  the  essential  interests  of  the  United  States  to  the 
views  of  the  two  branches  of  the  house  of  Bourbon ;  and 
that  he  himself  owed  his  appointment  to  the  jealousy  enter 
tained  by  the  French  court  of  the  independence  of  Mr. 
Adams.  Happily  for  his  country,  his  patriotism  induced 

*  The  members  in  the  negative  were  Messrs.  Lovell  and  Ward,  from 
Massachusetts;  Mr.  Varnum,  from  Rhode  Island;  Messrs.  Huntingdon, 
Ellsworth,  and  Sherman,  from  Connecticut;  Messrs.  Montgomery  and 
Smith,  from  Pennsylvania  ;  and  Mr.  Bland,  from  Virginia.  No  delegate 
from  New-York  was  present. — Secret  Journal  of  Congress. 

VOL.  I. S 


130  LIFE    OF    JOHN    JAY. 

him  both  to  accept  the  humiliating  commission  and  to  burst 
the  bonds  with  which  it  was  fettered. 

But  although  the  French  minister  had  found  a  majority 
in  Congress  subservient  to  his  wishes,  it  must  not  be  sup 
posed  that  all  were  blind  to  the  subtle  policy  of  France,  or 
satisfied  with  the  sacrifices  that  had  been  made  to  it. 

A  few  days  after  the  instructions  were  voted,  Mr.  Gouver- 
neur  Morris  addressed  a  letter  to  his  friend,  from  which  it 
will  be  perceived  what  a  strong  sense  of  disgust  the  late 
conduct  of  Congress  had  excited. 

"  TO    MR.    JAY. 

"  Philadelphia,  17th  Jane,  1781. 

"  DEAR  JAY, 

"  Although  I  believe  myself  thoroughly  acquainted  with 
you,  yet  I  cannot  tell  whether  I  ought  to  congratulate  or 
condole  with  you  on  your  late  appointment.  Ere  this 
reaches  you,  you  will  have  learned,  that  you  are  on  the  part 
of  this  country  one  of  five  to  negotiate  peace ;  so  far  you 
are  something :  but  when  you  come  to  find  by  your  instruc 
tions  that  you  must  ultimately  obey  the  dictates  of  the 
French  minister,  I  am  sure  there  is  something  in  your 
bosom  which  will  revolt  at  the  servility  of  the  situation, 
To  have  relaxed  on  all  sides,  to  have  given  up  all  things, 
might  easily  have  been  expected  from  those  minds  which, 
softened  by  wealth  and  debased  by  fear,  are  unable  to  gain 
and  unworthy  to  enjoy  the  blessings  of  freedom.  But  that 
the  proud  should  prostitute  the  very  little  dignity  this  poor 
country  was  possessed  of,  would  be  indeed  astonishing,  if 
we  did  not  know  the  near  alliance  between  pride  and  mean 
ness  :  men  who  have  too  little  spirit  to  demand  of  their 
constituents  that  they  do  their  duty,  who  have  sufficient 
humility  to  beg  a  paltry  pittance  at  the  hands  of  any  and 
every  sovereign,  such  men  will  always  be  ready  to  pay  the 
price  which  vanity  shall  demand  from  the  vain.  Do  I  not 
know  you  well  enough  to  believe  that  you  will  not  act  in 


LIFE    OF   JOHN   JAY.  131 

this  new  capacity  ?  I  think  I  do ;  and  therefore  I  will 
express  my  concern  that  you  must  decline  the  honour,  if 
that  name  can  be  applied  to  such  offices.  Decline,  how 
ever,  with  decency,  though  with  dignity.  I  mean  always 
if  no  alteration  takes  place,  which  shall  be  done  if  I  can 
effectuate  it,  though  I  almost  despair. 

"  No  other  Congress  will  surrender  all,  as  this  has,  to  an 
ally.     I  am  more  moved  on  this  occasion  than  I  ever  have 
been,  and  therefore  it  is  possible  I  may  be  mistaken  ;  but  I 
think  so  strong,  so  deep  an  impression  cannot  be  false. 
"  Remember  me  properly,  and  believe  me, 

"  Yours, 

"GOUVERNEUR  MoRRIS." 

The  intercourse  between  Congress  and  its  servants  abroad 
had  hitherto  been  carried  on  through  its  president ;  but  in 
the  latter  part  of  1781,  the  Office  of  Foreign  Affairs  was 
established,  and  Chancellor  Livingston  of  New- York  was 
placed  at  its  head,  and  became  the  medium  of  all  commu 
nications  from  foreign  ministers  to  Congress.  Mr.  Jay  had, 
however,  little  information  of  an  agreeable  nature  to  trans 
mit  to  his  old  friend.  His  domestic  happiness  had  indeed 
received  an  accession  in  the  birth  of  a  daughter,  but  his 
negotiation  still  continued  a  fruitful  source  of  solicitude  and 
embarrassment.  In  the  month  of  March,  his  acceptances 
exceeded  the  amount  promised  by  Spain,  by  $100,000.  In 
duced  by  repeated  although  indefinite  promises  of  aid,  he 
had  continued  to  accept  every  bill  as  it  was  presented. 
After  the  minister  had  advanced  about  $150,000,  a  banker 
in  the  confidence  of  the  government  offered  to  provide  funds 
to  pay  all  the  remaining  acceptances,  on  the  promise  of 
repayment  by  the  court  within  ten  or  twelve  months. 
When  this  offer  was  made,  the  Spanish  minister  probably 
intended  to  save  the  American  credit ;  but  when  the  bills 
became  due,  another  course  of  policy  was  adopted.  The 
offer  was  acceded  to  by  the  court,  when  the  banker, 


132  LIFE    OF   JOHN    JAY. 

at  the  instigation  of  the  minister  himself,  as  there  is  rea 
son  to  believe,  insisted  upon  other  terms  of  repayment 
by  the  government,  and  thus  afforded  them  a  pretext  for 
withholding  their  guarantee  from  the  proposed  loan.  This 
act  of  perfidy  reduced  Mr.  Jay,  on  the  16th  March,  to  the 
mortifying  necessity  of  protesting  the  bills  still  unpaid,  and 
thus  for  a  time  to  annihilate  the  credit  of  the  United  States 
in  Europe. 

But  this  mortification  was  happily  of  short  continuance ; 
for  ten  days  after  the  protest,  he  received  information  from 
Dr.  Franklin  of  a  subsidy  granted  by  France,  and  permis 
sion  to  draw  upon  him  for  the  amount  necessary  to  redeem 
all  the  bills  then  due.  Thus  had  he  the  satisfaction  of  see 
ing  the  credit  of  his  country  restored,  and  his  own  appa 
rently  rash  conduct  justified  by  the  event. 

Mr.  Jay's  continued  residence  in  Spain  now  afforded  no 
prospect  of  usefulness  to  his  country.  Although  treated 
with  great  personal  civility,  he  was  not  acknowledged  in 
his  public  character,  nor  did  he  see  any  probability  of  form 
ing  any  other  treaty  with  Spain  than  such  as  might  be 
extorted  from  the  necessities  of  America.  Thus  situated, 
it  must  have  been  with  no  small  satisfaction  that  he  received, 
early  in  May,  a  letter  from  Dr.  Franklin,  pressing  him  to 
repair  to  Paris,  to  assist  in  the  negotiations  for  peace,  which 
the  Dr.  believed  would  soon  be  opened.  With  his  usual 
promptitude,  he  obeyed  the  summons  in  a  few  diys,  and, 
abandoning  a  field  in  which  his  labours  had  produced  but 
little  fruit,  he  entered  another,  in  which  he  gathered  for  his 
country  an  abundant  harvest. 

Shortly  before  his  departure  from  Spain,  he  received 
from  Dr.  Franklin  a  copy  of  a  letter  written  by  Mr.  Deane 
to  a  friend  in  America,  representing  the  American  cause  as 
desperate,  and  recommending  an  immediate  reconciliation 
with  Great  Britain.  The  letter  had  been  intercepted  and 
published  by  the  English,  Mr.  Jay,  who,  as  we  have 
already  seen,  was  on  friendly  terms  with  Deane,  had  sus- 


LIFE    OF    JOHN   JAY.  133 

pended  his  portrait  in  his  parlour  at  Madrid ;  but,  on 
receiving  this  evidence  of  his  apostacy,  he  took  down  the 
picture  and  threw  it  into  the  fire,  and  ever  after  showed 
great  reluctance  to  speak  of  the  original. 


CHAPTER  VI. 

*-'•--  . .    ; 

1782-4. 

The  French  Court  endeavours  to  prepare  Congress  for  the  Abandonment  of 
their  Claims — Mr.  Jay  arrives  in  Paris — The  Spanish  Ambassador  wishes 
to  negotiate  with  him — The  Claims  of  Spain  countenanced  by  France — 
Mr.  Jay  refuses  to  treat  with  Count  Aranda  without  first  seeing  his 
Powers — Anecdotes  of  Count  Aranda — Mr.  Oswald,  the  British  Com 
missioner,  arrives — Mr.  Jay  refuses  to  treat  with  him  till  American  In 
dependence  is  acknowledged — Drafts  a  new  Commission  for  Mr.  Oswald 
— French  Intrigues  to  defeat  the  Claims  of  the  United  States — Mr.  Jay 
sends  a  secret  Agent  to  the  British  Ministry — Independence  acknowledged 
— Mr.  Jay  drafts  Preliminary  Articles — Extracts  from  his  Diary — Mr. 
Adams  arrives — Dr.  Franklin's  Conduct  and  Views  explained — Anecdotes 
of  French  Intrigue — Extracts  from  Mr.  Jay's  Correspondence — Signs 
Treaty  of  Peace — Visits  England — Returns  to  France — Embarks  for 
America. 

THE  French  government,  having  become  masters  of  the 
negotiations  for  peace  by  the  instructions  it  had  prevailed 
on  Congress  to  give  their  commissioners,  began  to  prepare 
that  body  for  the  sacrifices  demanded  by  French  policy. 
The  court  of  Versailles,  wishing  to  keep  the  United  States 
dependent  solely  on  herself,  was  not  desirous  that  they 
should  form  European  alliances.^  That  court  had  taken  no 
measures  to  facilitate  the  efforts  of  Mr.  Jay  to  form  a  treaty 
with  Spain.  It  had  expressed  to  Congress  its  disapproba 
tion  of  the  appointment  of  a  minister  to  Russia  ;  and  on 
the  21st  September,  1781,  the  French  minister  at  Philadel 
phia  informed  Congress  that  Count  Vergennes  had  been 


134  LIFE    OF   JOHN   JAY. 

advised  "  of  the  intentions  of  Mr.  Adams  to  display  his 
character  as  minister  of  the  United  States  in  Holland ;  that 
the  Duke  Vaugion  (French  ambassador  at  the  Hague)  gave 
Mr.  Adams  no  assistance  on  that  occasion,  knowing  the 
application  would  have  no  favourable  influence"  Happily, 
however,  Mr.  Adams,  contrary  to  the  advice  and  wishes  of 
the  French  ambassador,  demanded  and  obtained  from  Hol 
land  the  recognition  of  American  independence. 

On  the  23d  November,  1781,  the  French  minister  informed 
Congress,  "  that  the  king  accepted  with  pleasure  the  proofs 
which  Congress  have  given  him  of  their  confidence,  when 
they  intrusted  to  his  care  the  interests  of  the  United  States. 
That  he  would  use  his  influence  and  credit  for  the  advantage 
of  his  allies,  whenever  a  negotiation  should  render  their 
interests  a  subject  of  discussion ;  that  if  he  did  not  obtain 
for  every  state  all  they  wished,  they  must  attribute  the 
sacrifice  he  might  be  compelled  to  make  of  his  inclinations 
to  the  tyrannic  rule  of  necessity."*  This  allusion  to  the 
wishes  of  the  several  States  undoubtedly  ad  reference  to 
the  fisheries  claimed  by  the  eastern,  and  the  navigation  of 
the  Mississippi,  claimed  by  the  southern  States. 

On  the  28th  January,  1782,  Count  Luzerne  communi 
cated  to  Congress  a  letter  from  Vergennes,  stating  that 
"  France  wished  to  obtain  every  advantage  for  the  United 
States ;  that  powers  at  war  must  often  be  governed  by 
circumstances ;  that  if  events  should  enable  her  to  com 
mand  them,  the  United  States  might  depend  on  every  thing 
she  could  obtain ;  that  her  political  system  depended,  not 
only  on  America,  but  on  the  other  powers  at  war ;  that  if 
France  should  continue  hostilities  merely  on  account  of 
America,  after  reasonable  terms  were  offered,  it  was  impos 
sible  to  say  what  the  event  might  be." 

On  the  24th  September,  1782,  the  French  minister  again 
laid  before  Congress  the  substance  of  several  letters  from 

*  Secret  Journal  of  Congress. 


LIFE    OF    JOHN    JAY,  135 

Count  Vergennes.  In  one  the  count  observed  that  the  con 
federacy  would  be  crowned  "with  success,  if  the  four 
powers  persisted  invariably  in  a  firm  attachment  to  their 
union  ;  and  if  on  the  one  hand,  making  the  greatest  exer 
tions  to  procure  the  completest  satisfaction,  they  on  the 
other  hand  confined  themselves  within  such  bounds  of  mode 
ration,  as  to  give  no  umbrage  to  any  one  of  the  powers  at  war 
with  Great  Britain :"  or,  in  other  words,  if  the  United 
States  should  avoid  giving  umbrage  to  Spain,  by  surrender 
ing  their  claims  to  the  navigation  of  the  Mississippi,  and  to 
the  territory  between  that  river  and  the  Alleganies.  In 
another  letter  the  count  remarked,  "  that  when  negotiations 
were  entered  into  with  sincerity,  the  king  would  most 
readily  employ  his  good  offices  in  support  of  the  United 
States,  in  all  points  relating  to  their  prosperity ;  that  Con 
gress  were  themselves  sensible  of  the  distinction  between 
the  conditions  of  justice  and  rigour  and  those  of  convenience 
and  compliance,  which  depended  on  the  good  or  bad  situation 
of  affairs ;  that  though  the  circumstances  of  the  allies  were 
very  promising,  such  events  might  happen  as  might  make  it 
advisable  to  adopt  the  part  of  moderation  " 

All  these  dark  and  ominous  hints  were  well  calculated  to 
excite  alarm  ;  and  Congress  discovered  too  late  that  they 
had  deputed  to  a  foreign  prince  that  control  over  the  con 
ditions  of  peace  which  their  constituents  had  confided  only 
to  themselves.  The  instructions  they  had  unhappily  been 
persuaded  to  give  their  commissioners  now  compelled 
them  humbly  to  sue  for  those  rights  which,  under  other  cir 
cumstances,  they  would,  if  necessary,  have  seized  by  force 
of  arms.  In  their  reply,  Congress  declared  that,  consider 
ing  "  the  territorial  claims  of  these  States  as  heretofore  made, 
their  participation  of  the  fisheries  and  of  the  free  navigation 
of  the  Mississippi,  not  only  as  their  indubitable  rights,  but 
as  essential  to  their  prosperity,  they  trust  that  his  majesty's 
efforts  will  be  successfully  employed  to  obtain  a  sufficient 
provision  and  security  for  those  rights  ;  that  they  trust  that 


136  LIFE    OF    JOHN    JAY. 

the  circumstances  of  the  allies  at  the  negotiations  for  peace 
will  be  so  prosperous  as  to  render  their  expectations  con 
sistent  with  the  spirit  and  moderation  recommended  by  his 
majesty."* 

The  various  communications  made  to  Congress  by  the 
French  ministers,  together  with  subsequent  events,  afford  a 
mass  of  evidence,  not  easily  resisted,  of  the  intention  of  the 
French  court  to  mould  the  treaty  between  Great  Britain 
and  America  into  such  a  form  as  would  best  comport  with 
its  own  interests,  and  those  of  the  Spanish  branch  of  the 
house  of  Bourbon.  That  this  intention  was  frustrated  was 
chiefly  owing,  as  will  be  seen  in  the  sequel,  to  the  foresight 
and  firmness  of  Mr.  Jay. 

That  gentleman  arrived  with  his  family  at  Paris  on  the 
23d  June,  after  a  tedious  journey  from  Madrid.  The  fol 
lowing  memoranda,  from  a  brief  diary  which  he  at  this  time 
kept,  evince  the  prompt  attention  paid  by  him  to  the  duties 
of  his  mission,  and  how  little  disposed  he  was  to  postpone 
public  business  for  personal  ease  and  relaxation. 

"  1782,  23d  June.  Arrived  at  Paris  about  noon.  Spent 
the  afternoon  at  Passy  with  Dr.  Franklin.  He  informed 
me  of  the  state  of  the  negotiation,  and  that  he  kept  an  exact 
journal  of  it. 

"  24th.  Waited  upon  M.  Vergennes  with  the  Dr.  The 
count  read  to  us  his  answer  to  the  British  minister. 

"  25th.  Wrote  to  Count  Aranda.  Wrote  to  the  secre 
tary  for  foreign  affairs. 

"26th.  After  breakfast  with  the  Dr.  met  with  Mr. 
Grenville." 

The  negotiation  for  peace  had  not  yet  assumed  any 
definite  form.  In  the  month  of  February  parliament  had 
passed  resolutions,  censuring  the  continuance  of  the  war 
with  America,  and  requesting  the  king  to  terminate  it. 
These  resolutions  led  to  the  formation  of  a  new  ministry, 

*  Secret  Journal  of  Congress. 


LIFE    OF   JOHN   JAY.  137 

by  whom  Mr.  Oswald  was  sent  to  Paris  to  announce  the 
desire  of  the  cabinet  for  peace ;  and  soon  after  Mr.  Gren- 
ville  was  commissioned  to  treat  with  the  ministers  of  the 
king  of  France,  and  with  the  ministers  of  any  other  prince 
or  state  whom  it  might  concern.  No  important  measures 
resulted  from  this  commission,  as  Mr.  Grenville  was  soon 
after  recalled.  On  the  26th  July,  Mr.  Grenville  was  suc 
ceeded  by  Mr.  Fitzherbert,  with  powers  to  treat  with 
France,  Spain,  and  Holland. 

On  leaving  Spain,  Mr.  Jay  was  informed  that  Count 
Aranda,  the  Spanish  ambassador  at  Paris,  would  be  author 
ized  to  continue  the  negotiation  with  him.  Although  there 
was  no  reason  to  anticipate  a  favourable  result  from  a 
renewal  of  the  negotiation,  Mr.  Jay  was  determined  to 
omit  nothing  that  might  render  it  useful  to  his  country ;  and 
therefore  he  addressed  a  letter  to  the  count,  expressing  his 
readiness  to  commence  the  necessary  conferences.  A 
meeting  was  appointed,  and  the  count  commenced  the  con 
ference  with  the  subject  of  the  western  boundary  of  the 
United  States,  and  proposed  running  for  this  purpose  a 
line  on  the  east  of  the  Mississippi.  Mr.  Jay,  of  course, 
claimed  the  river  as  the  true  boundary ;  but  as  the  count 
had  not  yet  given  him  a  copy  of  his  powers  to  treat  with 
him,  he  refrained  from  entering  into  any  discussions.  The 
count  gave  him  a  map,  with  the  proposed  boundary  line 
marked  on  it.  This  map  Mr.  Jay  showed  to  Count  Ver- 
gennes,  and  the  count's  confidential  secretary,  who  was 
present,  and  who  cannot  be  supposed  either  ignorant  of  his 
patron's  views  or  desirous  to  thwart  them,  presumed  to 
assert  that  the  United  States  claimed  an  extent  of  bounda 
ries  to  which  they  were  not  entitled.  This  zealous  secre 
tary  afterward  addressed  a  letter  to  Mr.  Jay,  proposing 
what  he  called  a  conciliatory  line  as  the  boundary  of  the 
United  States.  This  conciliatory  line  would  have  deprived 
them  not  only  of  all  the  land  north  of  the  Ohio,  but  also 
parts  of  the  present  States  of  Kentucky  and  Tennessee,  and 

VOL.  I. T 


138  LIFE    OF   JOHN    JAY. 

nearly  the  whole  of  the  States  of  Alabama  and  Mississippi. 
In  this  letter  the  secretary  entered  into  a  laboured  argu 
ment  to  prove  that  the  United  States  did  not  extend  to  the 
Mississippi ;  and  while  he  admitted  that  Spain  had  no  claims 
to  the  land  north  of  the  Ohio,  he  insisted  that  the  territory 
still  belonged  to  Great  Britain,  and  that  its  possession  must 
be  determined  by  the  treaty  to  be  made.  Mr.  Jay  returned 
no  answer  to  this  letter,  which  he  well  understood  to  be  a 
contrivance  on  the  part  of  the  French  court  to  fix  a  boun 
dary  agreeable  to  Spain,  without  incurring  the  respon 
sibility  and  odium  of  a  direct  interference.  It  was  a  prime 
object  with  Spain  to  exclude  the  citizens  of  the  United 
States  from  the  Mississippi,  and  of  course  from  the  Gulf  of 
Mexico.  Hence  it  became  important  that  the  territories  of 
the  United  States  should  be  limited  on  the  west  by  a  line  to 
the  eastward  of  that  river.  Mr.  Jay  had  early  discovered 
the  design  of  France  to  countenance  the  Spanish  claims  ; 
and  on  several  occasions  he  thought  the  French  ambassador 
at  Madrid,  Count  Montmorin,  less  zealous  in  promoting  his 
negotiations  than  consisted  with  his  professions. 

The  following  extract  of  a  letter,  written  at  Madrid  by 
Montmorin  to  Vergennes,  while  it  displays  the  views  of 
Spain,  explains  the  anxiety  of  Vergennes  relative  to  the 
western  boundary,  as  evinced  by  the  interference  of  his 
secretary.  "  The  cabinet  of  Madrid,"  says  the  letter, 
"  thinks  it  its  essential  interest  not  to  open  the  Mississippi 
to  the  Americans,  and  to  give  them  a  disgust  to  settling  on 
that  river,  as  they  would  soon  engross  the  trade  of  New- 
Orleans  and  Mexico,  in  spite  of  all  the  obstacles  that  might 
oppose  their  progress,  and  would  become  the  more  dan 
gerous  neighbours  to  Spain  ;  as  even  in  their  present  weak 
state,  they  conceive  vast  projects  for  the  conquest  of  the 
western  banks  of  the  Mississippi."  Montmorin  added, 
"  that  Spain  was  determined  to  make  the  Indians  serve  as 
a  barrier  between  their  possessions  and  those  of  the  Ameri 
cans  ;  that  she  would  find  the  means,  if  necessary,  to 


LIFE    OF   JOHN   JAY.  139 

obstruct  their  progress  ;  and  that  his  most  Christian  majesty 
could  not  afford  his  Catholic  majesty  a  greater  proof  of  his 
attachment  than  in  employing  his  influence  in  the  United 
States,  to  divert  their  views  from  the  navigation  of  the 
Mississippi." 

•  Mr.  Jay  had,  as  is  usual  on  such  occasions,  given  to  the 
Count  Aranda  a  copy  of  his  commission ;  and  he  declined 
making  any  overtures,  or  entering  into  any  discussions,  till 
the  count  had,  according  to  established  etiquette,  commu 
nicated  to  him  his  powers  from  the  Spanish  government. 
This  adherence  to  forms  interfered  with  the  wishes  of  the 
French  court.  If  Mr.  Jay  refused  to  treat,  there  could  of 
course  be  no  cession  of  the  Mississippi,  or  of  the  western 
boundary : — if  the  count  tendered  to  Mr.  Jay  a  commission 
authorizing  him  to  treat  with  the  minister  of  the  United 
States,  this  would  of  itself  be  an  acknowledgment  of  their 
independence  ;  and  such  an  acknowledgment  might  render 
them  less  dependent  upon  France.  In  this  dilemma,  re 
course  was  had  to  Mr.  Rayneval,  the  convenient  secretary 
of  Count  Vergennes,  by  whom  the  minister  could  speak  his 
sentiments  and  wishes  without  being  responsible  for  them. 
Mr.  Rayneval  addressed  a  note  to  Mr.  Jay,  urging  him  to 
commence  negotiations  with  Count  Aranda,  and  assuring 
him  that  he  could  not  refuse  doing  sD  without  giving  per 
sonal  offence  to  the  count.  Mr.  Jay  did  not  condescend  to 
explain  or  vindicate  his  conduct  to  Count  Vergennes's  sec 
retary  ;  and  he  left  his  note  unanswered.  The  count  now 
resolved  to  make  trial  of  his  own  influence  directly  exerted ; 
and  he  had  the  indelicacy  to  seize  an  opportunity,  when  the 
Spanish  ambassador  was  present,  to  observe  to  Mr.  Jay 
that  Count  Aranda  had  already  informed  him  that  he  was 
empowered  to  treat  with  him,  and  surely  he  would  believe 
him.  Mr.  Jay  replied,  that  he  would  of  course  in  private 
transactions  repose  every  confidence  in  Count  Aranda,  but 
that  in  affairs  of  state  he  must  make  a  distinction ;  and  that 
he  could  not  consent  to  treat  with  any  person  or  power  on 


140  LIFE    OF   JOHN    JAY. 

earth  who  did  not  first  acknowledge  the  independence  of 
his  country.  Vergennes  said  the  acknowledgment  by 
Spain  rnight  be  made  an  article  of  treaty,  and  asked  if  he 
expected  the  effect  to  precede  the  cause.  He  was  told 
that  the  independence  of  the  United  States  was  the  effect 
of  their  contest  with  Great  Britain.  "  But,"  said  Vergennes, 
"  the  ministers  of  America  treated  with  France  before  their 
independence  was  acknowledged."  To  this  he  was  an 
swered,  that  the  two  cases  were  different ;  that  the 
American  ministers  had  treated  with  him  (Vergennes) 
because,  being  secretary  for  foreign  affairs,  he  was  ex-officio 
entitled  to  treat  with  them ;  but  that  Count  Aranda,  as 
ambassador  to  the  court  of  France,  possessed  no  authority 
to  treat  with  an  American  minister ;  and  if  he  possessed 
special  authority,  that  authority  ought,  as  was  customary, 
to  be  shown.  The  attempt  to  change  Mr.  Jay's  resolution 
was  now  abandoned  as  hopeless,  and  no  further  efforts  were 
made  to  renew  the  negotiation. 

The  Spanish  ambassador,  no  doubt,  felt  the  propriety  of 
Mr.  Jay's  refusal  to  treat  with  him  ;  and,  instead  of  mani 
festing  any  coolness  towards  him,  showed  him  much  cor 
diality.  They  became  intimate,  and  conceived  a  mutual 
esteem  for  each  other.  Count  Aranda  wTas  one  of  the 
richest  subjects  of  Spain,  and  he  lived  at  Paris  in  great 
splendour.  His  assortment  of  wines  was,  perhaps,  the 
finest  in  Europe.  Instead  of  purchasing  as  usual  of  the 
dealers,  he  employed  agents  to  explore  the  wine  countries, 
and  to  select  the  choicest  kinds  at  the  vineyards  where 
they  were  made.  His  plate,  of  which  he  had  a  profusion, 
was  kept  constantly  burnished  by  a  silversmith  maintained 
in  the  house  for  that  purpose,  so  that  it  always  appeared 
new.  Notwithstanding  his  fondness  for  display,  Mr.  Jay 
thought  him  the  ablest  Spaniard  he  had  ever  known.  The 
count  spoke  freely  to  him  on  the  subject  of  the  Inquisition  ; 
and  told  him  that  he  had  once  nearly  succeeded  in  over 
turning  it.  Well  knowing  that  any  direct  attack  upon  it 


LIFE    OP   JOHN   JAY.  141 

would  be  in  vain,  he  availed  himself  of  his  intimacy  with 
the  king  to  represent  to  his  majesty  how  much  it  was  to 
be  lamented,  that  so  many  calumnies  should  be  spread 
abroad  against  that  important  tribunal ;  that  it  would  add 
greatly  to  its  reputation,  as  well  as  the  honour  of  the  king 
dom,  if  means  could  be  devised  to  convince  all  mankind 
that  its  proceedings  were  fair  and  equitable,  and  consonant 
with  the  spirit  of  the  religion  it  was  established  to  defend : 
that  for  this  purpose,  nothing  more  was  necessary  than  to 
direct  it  to  proceed,  like  other  courts,  with  open  doors.  If 
this  were  done,  every  one  would  be  able  to  judge  for  him 
self — the  calumnies  against  it  would  perish  of  themselves, 
and  the  Inquisition  would  enjoy  the  reputation  and  con 
fidence  it  no  doubt  merited.  The  king  was  pleased  with 
the  project,  and  seemed  determined  to  adopt  it ;  "  but  his 
confessor,"  said  the  count,  "  was  too  cunning :  he  became 
acquainted  with  the  plan,  perceived  its  consequences,  and 
persuaded  the  king  to  reject  it." 

Count  Aranda  had  the  character  of  being  extremely 
inflexible,  and  the  following  anecdote  was  told  of  him.  He 
was  one  day  disputing  a  point  with  the  king  with  much 
earnestness,  when  the  latter,  who  was  also  remarkable  for 
a  hard  head,  said  to  him,  "Aranda,  you  are  the  most 
obstinate  man  of  all  Arragon." — "No,  sire,"  replied  the 
count,  "  there  is  one  still  more  obstinate  than  I  am." — "  And 
who  is  that?"  said  the  king.  "The  King  of  Arragon," 
answered  the  count.  The  king  laughed,  and  took  no  offence 
at  the  freedom. 

We  have  already  seen  with  what  reluctance  Mr.  Jay 
accepted  a  commission  to  treat  for  peace  under  instruc 
tions  which,  if  obeyed,  would  compel  him  to  sign  any  treaty 
that  the  French  ministry  might  please  to  prepare  for  him. 
The  request  he  then  made  to  be  excused  from  serving,  far 
from  being  the  hasty  ebullition  of  the  moment,  was  his 
earnest  and  deliberate  wish,  resulting  from  a  firm  conviction 
that  it  would  not  be  in  his  power  to  secure  the  rights  and 


I4!2  LIFE    OP   JOHN    JAY. 

interests  of  his  country,  by  pursuing  the  path  pointed  out 
to  him  by  Congress.  Two  days  after  his  arrival  at  Paris, 
he  wrote  to  the  secretary  for  foreign  affairs,  "  Mr.  Adams 
cannot  leave  Amsterdam  at  present,  and  I  hear  that  Mr. 
Laurens  thinks  of  returning  soon  to  America ;  so  that  I 
apprehend  Dr.  Franklin  and  myself  will  be  left  to  manage 
at  least  the  skirmishing  business,  if  I  may  so  call  it,  of  our 
commission.  You  know  what  I  think  upon  this  subject, 
and  I  wish  things  were  so  circumstanced  as  to  admit  of  my 
being  indulged." 

It  was  not  till  the  25th  of  July  that  the  British  ministry 
took  a  decided  step  for  commencing  negotiations  with  the 
American  commissioners.  On  that  day  the  king  issued  an 
order  to  the  attorney-general  to  prepare  a  commission  to 
Richard  Oswald,  empowering  him  "  to  treat,  consult  of, 
and  conclude  with  any  commissioner  or  commissioners 
named,  or  to  be  named  by  the  thirteen  colonies  or  planta 
tions  in  North  America,  and  any  body  or  bodies,  corporate 
or  politic,  or  any  assembly  or  assemblies,  or  description  of 
men,  or  any  person  or  persons  whatsoever,  a  peace  or 
truce  with  the  said  colonies  or  plantations,  or  any  part 
thereof." 

A  copy  of  this  order  was  sent  to  Mr.  Oswald,  then  at 
Paris  ;  he  communicated  it  to  the  American  commissioners, 
and  by  them  it  was  submitted  to  Count  Vergennes.  The 
count  advised  them  to  proceed,  and  treat  with  Mr.  Oswald 
as  soon  as  the  commission  should  arrive.  Mr.  Jay  objected 
that  it  would  be  descending  from  the  ground  of  independ 
ence  to  treat  under  the  description  of  colonies*  The  count 
advanced  various  arguments  to  obviate  this  objection ;  and 
Dr.  Franklin  declared  that  the  commission  "  would  do." 

Mr.  Jay  now  found  himself  placed  in  an  embarrassing 
situation  ;  a  situation  in  whteh  he  was  compelled,  either  to 
enter  upon  the  negotiation  under  circumstances  derogatory 
to  his  country,  or  else  to  assume  alone  the  responsibility  of 
violating  the  express  commands  of  Congress ;  of  refusing 


LIFE    OF   JOHN    JAY.  143 

to  act  with  a  colleague  of  the  weight  and  influence  of  Dr. 
Franklin,  and  perhaps  of  postponing  for  an  indefinite  period 
the  return  of  peace.  He  chose  without  hesitation  the  latter 
alternative.  Unaccustomed  to  govern  his  official  conduct 
by  personal  considerations,  he  resolved  not  to  sacrifice  to 
them  on  the  present  occasion  the  honour,  consistency,  and 
moral  dignity  of  the  United  States,  by  an  implied  admission 
that  they  were  colonies  of  Great  Britain.  Having  laboured 
in  vain  to  convince  Dr.  Franklin  of  the  impropriety  of 
treating  with  Mr.  Oswald  under  his  present  commission,  he 
next  endeavoured  to  render  the  British  commissioner  him 
self  instrumental  in  effecting  an  alteration  in  the  commis 
sion.  He  solemnly  assured  Mr.  Oswald  he  would  have 
no  concern  in  any  negotiation  in  which  the  United  States 
were  not  treated  as  an  independent  nation ;  and  he  pointed 
out  to  him  the  inconsistency  between  his  commission  and 
the  professions  recently  made  by  the  British  ministry,  as 
well  as  the  injurious  consequences  that  would  result  from 
well-founded  suspicions  of  the  king's  sincerity.  At  Mr. 
Oswald's  request,  Mr.  Jay  gave  him  a  draught  of  such  a 
commission  as  would  be  satisfactory,  and  a  courier  was 
immediately  despatched  with  it  to  London.  It  was  a 
singular  circumstance,  that  one  who  had  been  lately  re 
garded  as  a  rebel  subject  of  the  British  monarch,  should 
now  prepare  a  commission  from  that  monarch,  by  which 
his  late  colonies  were  to  be  acknowledged  free  and  in 
dependent.  Count  Vergennes,  who  was  ignorant  of  this 
transaction,  again  urged  Mr.  Jay  to  proceed  in  the  nego 
tiation,  which  he  again  refused  to  do.  The  next  day 
the  count  had  a  conference  with  Mr.  Fitzherbert,  the  British 
minister  at  Paris,  who  directly  after  the  conference  sent  a 
courier  to  his  court.  The  British  cabinet  did  not  return  an 
answer  to  Mr.  Oswald's  despatch  till  after  Mr.  Fitzher- 
bert's  had  been  received.  The  answer  announced  the  king's 
intention  to  grant  to  America  unconditional  independence, 
as  an  article  of  treaty.  Mr.  Jay  remarked  to  Mr.  Oswald 


144  LIFE    OF   JOHN    JAY. 

that  he  suspected  Mr.  Fitzherbert's  courier  had  suggested 
the  idea  of  granting  independence  by  treaty ;  on  which  the 
latter  acknowledged,  that  Count  Vergennes  had  told  Mr. 
Fitzherbert  that  the  present  commission  was  sufficient,  and 
that  the  British  cabinet  had  been  informed  that  such  was  his 
opinion. 

The  policy  of  France  in  wishing  to  postpone  the  acknow 
ledgment  of  American  independence  was  obvious.  The 
sole  object  of  the  war  on  the  part  of  Great  Britain  was  to 
reduce  her  late  colonies  to  subjection ;  but  the  moment  she 
admitted  them  to  be  independent,  the  object  of  the  war  was 
abandoned;  and  the  United  States,  having  no  longer  any 
thing  to  apprehend  from  her,  would  cease  to  look  to  France 
for  protection  and  counsel,  and  would  refuse  to  relin 
quish  by  treaty  any  of  their  rights,  which  France  might 
find  it  convenient  to  barter  with  England  for  concessions  to 
herself. 

Mr.  Jay,  finding  that  the  French  minister  had  not  scru 
pled  to  interfere  to  prevent  the  English  cabinet  from  grant 
ing  a  proper  commission  to  Mr.  Oswald,  thought  himself 
no  longer  restrained  by  delicacy  towards  France  from  taking 
the  course  required  by  the  occasion.  He  unreservedly 
explained  to  Mr.  Oswald  the  views  and  policy  of  the  French 
court,  and  showed  him  that  it  was  the  interest  of  his  gov 
ernment  to  render  the  United  States  as  independent  of 
France,  as  they  already  were  of  Britain.  He  likewise 
drafted  a  joint  letter  from  Dr.  Franklin  and  himself  to  Mr. 
Oswald,  declaring  their  firm  and  final  determination  not  to 
treat  on  any  other  footing  than  independence.  Dr.  Frank 
lin  declined  putting  his  name  to  this  letter,  and  it  was  there 
fore  not  signed  by  his  colleague ;  but  the  draught  was 
nevertheless  given  to  Mr.  Oswald,  who  sent  it  to  his  gov 
ernment. 

On  the  6th  September,  Mr.  Jay  received  from  Mr.  Ray- 
neval  the  letter  already  mentioned  on  the  subject  of  boun 
daries.  He  regarded  this  letter  as  speaking  the  language 


LIFE    OF   JOHN    JAY.  145 

of  Vergennes,  and  he  inferred  from  it  that  it  was  the  inten 
tion  of  the  French  court,  1st,  to  oppose  at  the  peace  the 
extension  of  the  United  States  to  the  Mississippi ;  2d,  to 
oppose  their  claim  to  the  navigation  of  that  river;  3d, 
probably  to  support  the  British  claims  to  the  country  above 
the  31st  degree  of  latitude,  and  certainly  to  all  the  country 
north  of  the  Ohio ;  and  4th,  that  in  case  the  United  States 
would  not  agree  to  divide  with  Spain  in  the  manner  pro 
posed,  that  then  France  would  aid  Spain  in  negotiating 
with  Britain  for  the  territory  she  wanted,  and  would  agree 
that  the  residue  should  remain  to  Britain. 

On  the  9th,  Mr.  Jay  ascertained  that  Rayneval,  the 
morning  after  writing  this  letter,  had  had  a  conference  with 
Vergennes  and  the  Spanish  ambassador,  and  immediately 
afterward  had  set  out  for  England ;  and  that  it  was  reported 
he  had  "  gone  into  the  country,"  and  that  several  precautions 
had  been  taken  to  keep  his  real  destination  a  secret.  A 
mission  to  England  under  such  circumstances,  and  by  an 
envoy  entertaining  and  expressing  such  sentiments  rela 
tive  to  American  claims,  naturally  excited  Mr.  Jay's  sus- 
^  picions.  These  suspicions  were  painfully  strengthened  by 
*?  a  document  of  which  he  became  possessed  the  following 
day.  This  was  a  copy  of  a  letter  written  in  cipher,  the 
ilsj)  March,  1782,  by  M.  Marbois,  the  French  charge  des 
affaires  at  Philadelphia,  to  Count  Vergennes.*  In  this 
letter  Marbois  informs  the  minister,  that  in  South  Carolina 
and  several  other  States,  the  determination  of  Congress 
which  "  leaves  the  king  master  of  the  terms  of  the  treaty 
of  peace  or  truce,"  is  known  and  generally  approved  ;  but 
that  Mr.  Samuel  Adams  is  using  his  endeavours  to  raise  in 
Massachusetts  a  party  opposed  to  peace,  unless  the  eastern 
States  shall  be  admitted  to  the  fisheries.  He  intimates  that 
it  would  be  useless  and  dangerous  to  oppose  this  party  in 
the  newspapers,  but  suggests  the  expediency  of  a  commu 
nication  from  the  king  to  Congress,  expressing  "  his  surprise 

*  See  Letter  in  the  Appendix. 
VOL.  I, U 


146  LIFE    OF  JOHN   JAY. 

that  the  Newfoundland  fisheries  have  been  included  in  the 
new  instructions ;  that  the  United  States  therein  set  forth 
pretensions,  without  any  regard  to  the  king's  rights,  and 
without  considering  the  impossibility  they  are  under  of 
making  conquests,  and  keeping  what  belongs  to  Great 
Britain"  He  goes  on  to  remark,  that  "  it  were  even  to  be 
wished  that  this  declaration  be  made  while  New-York, 
Charleston,  and  Penobscot  are  in  the  enemy's  hands.  Our 
allies  will  be  less  tractable  than  ever  upon  these  points 
whenever  they  recover  these  important  posts."* 

The  new  instructions  alluded  to  in  the  letter  were 
probably  certain  instructions  then  under  consideration  in 
Congress,  directing  the  commissioners  in  France  to  repre 
sent  to  that  court,  that  the  United  States  claimed  the  right 
of  taking  fish  in  the  North  American  seas,  and  particularly 
on  the  Banks  of  Newfoundland ;  but  not  within  three 
leagues  of  the  shores  held  by  Great  Britain,  or  any  other 
nation.  It  was  this  just  and  natural  right,  of  which  M. 
Marbois  proposed  the  United  States  should  be  deprived  by 
the  interference  of  her  ally.  This  letter,  in  Mr.  Jay's 
opinion,  disclosed  the  real  wishes  of  the  French  court  on 
the  subject  of  the  fisheries,  as  Rayneval's  had  done  in  rela 
tion  to  the  boundaries  ;  for  he  was  not  disposed  to  believe 
that  either  the  charges  des  affaires  or  the  secretary  were 
ignorant  of  the  policy  of  their  employers,  and  were  uncon 
sciously  labouring  to  thwart  it.  Being  thus  possessed  of  the 
views  of  France  with  regard  to  American  claims,  he  pro 
ceeded  to  trace  their  probable  connexion  with  Rayneval's 


*  As  doubts  have  sometimes  been  expressed  of  the  authenticity  of  this 
letter,  or  at  least  the  faithfulness  of  the  translation,  it  may  not  be  unim 
portant  to  state,  that  a  gentleman  employed  in  the  foreign  service  of  the 
United  States  informed  the  author,  that  being  in  Paris  some  time  after  the 
fall  of  Bonaparte,  he  became  acquainted  with  M.  Marbois,  and  conversed 
with  him  on  the  subject  of  this  very  letter ;  that  he  acknowledged  it  to  be 
his,  and  admitted  that  the  translation,  although  not  in  all  respect*  entirely 
accurate,  had  yet  done  him  no  injustice. 


LIFE    OP   JOHN   JAY.  147 

secret  departure  for  England.     He  conjectured  that  the 
objects  of  his  mission  were, — 

1.  To  let  Lord  Shelburne  know,  that  the  demands  of 
America  to  be  treated  by  Britain  as  independent,  previously 
to  a  treaty,  were  not  approved  or  countenanced  by  France, 
and  that  the  offer  of  Britain  to  make  that  acknowledgment 
in  an  article  of  the  proposed  treaty  was,  in  Count  Ver- 
gennes's  opinion,  sufficient. 

2.  To  sound  Lord  Shelburne  on  the  subject  of  the  fish 
eries,  and  to  discover  whether  Britain  would  divide  it  with 
France,  to  the  exclusion  of  all  others. 

3.  To  impress  Lord  Shelburne  with  the  determination  of 
Spain,  to  possess  the  exclusive  navigation  of  the  Gulf  of 
Mexico,  and  of  their  desire  to  keep  us  from  the  Mississippi ; 
and  also  to  hint  the  propriety  of  such  a  line  as,  on  the  one 
hand,  would   satisfy  Spain,  and,  on   the   other,  leave  to 
Britain  all  the  country  north  of  the  Ohio. 

4.  To  make  such  other  verbal  overtures  to  Lord  Shel 
burne  as  it  might  not  be  advisable  to  reduce  to  writing; 
and  to  judge  from  the  general  tenor  of  his  lordship's  answers 
and  conversation,  whether  it  was  probable  that  a  general 
peace,  on  terms  agreeable  to  France,  could  be  effected,  in 
order  that,  if  it  could  not,  an  immediate  stop  might  be  put 
to  the  negotiation. 

Under  these  circumstances,  he  believed  no  time  ought  to 
be  lost  in  counteracting  the  machinations  of  France ;  and 
he  took  a  step  no  less  remarkable  for  the  boldness  of  its 
conception  than  for  the  promptitude  with  which  it  was 
executed.  The  day  after  he  received  Marbois's  letter,  he 
despatched  a  secret  agent  to  the  British  secretary  of  state, 
concealing  his  mission,  not  only  from  the  French  govern 
ment,  but  also  from  Dr.  Franklin.  This  agent  was  Mr. 
Vaughan,  an  English  gentleman  then  residing  in  Paris,  and 
well  affected  to  the  American  cause.  He  was  instructed 
to  represent  to  the  British  minister,  that  without  an  ac 
knowledgment  of  American  independence  as  a  preliminary 
to  a  treaty,  neither  confidence  nor  peace  could  be  reason- 


148  LIFE    OF   JOHN    JAY. 

ably  expected  ;  that  as  Britain  could  not  conquer  the  United 
States,  it  was  her  interest  to  conciliate  them  ;  that  England 
should  not  be  deceived  by  the  affected  moderation  of  France, 
since  the  United  States  would  not  treat  except  on  an  equal 
footing :  that  it  was  the  interest  of  France,  but  not  of  Eng 
land,  to  postpone  the  acknowledgment  of  independence  to 
a  general  peace ;  that  a  hope  of  dividing  the  fisheries  with 
France  would  be  futile,  as  America  would  not  make  peace 
without  them  ;  that  the  very  attempt  to  deprive  the  United 
States  of  the  navigation  of  the  Mississippi,  or  of  that  river 
as  a  boundary,  would  irritate  and  inflame  America ;  and  that 
such  attempts,  if  successful,  would  sow  the  seeds  of  future 
war  in  the  very  treaty  of  peace. 

Should  it  be  thought  that  Mr.  Jay  attached  more  import 
ance  to  Marbois's  letter  than  was  due  to  it,  it  should  be 
recollected  that  the  writer,  previously  to  his  going  to 
America,  had  represented  the  French  court  at  Munich  as 
charges  des  affaires,  and  that  ministers  do  not  usually  em 
ploy,  as  political  agents,  persons  whose  want  of  capacity 
renders  them  liable  to  mistake  and  to  counteract  the  designs 
of  their  employers.  The  strictly  confidential  style  of  the 
letter  marks  the  intimacy  existing  between  the  writer  and 
Count  Vergennes ;  while  the  subsequent  elevation  of  the 
former,  first  to  the  office  of  consul-general  of  the  United 
States,  and  afterward  to  the  intendancy  of  St.  Domingo, 
shows  that  the  zeal  he  had  displayed  against  the  claims  of 
Congress  had  not  injured  his  interests  at  home.*  In  1803, 
this  gentleman  was  selected  by  Bonaparte  to  negotiate  a 
treaty  with  the  United  States  for  the  sale  of  Louisiana. 


*  Mr.  Adams  thus  wrote  to  the  secretary  for  foreign  affairs,  10th  July,  1783 
(Am.  Dip.  Cor.  vol.  vii.  p.  68).  "  M.  Marbois's  letter  is  to  me  full  proof 
of  the  principles  of  the  Count  de  Vergennes.  Why  ]  Because  I  know  (for 
it  was  personally  communicated  to  me,  upon  my  passage  home,  by  M.  Mar- 
bois  himself)  the  intimacy  and  confidence  there  is  between  these  two.  And 
I  know,  further,  that  letter  contains  sentiments  concerning  the  fisheries 
diametrically  opposite  to  those  which  Marbois  repeatedly  expressed  to  me 


LIFE    OF  JOHN   JAY.  149 

He  has  since  published  a  history  of  that  country,  in  which 
he  incidentally  alludes  to  the  policy  pursued  by  France 
towards  her  ally  during  and  soon  after  the  revolution, 
and,  as  one  evidence  of  it,  gives  the  following  extract 
from  the  instructions  of  Count  Montmorin,  the  successor  of 
Vergennes,  to  the  French  envoy  in  the  United  States,  viz., 
"  It  is  not  advisable  for  France  to  give  to  America  all  the 
stability  of  which  she  is  susceptible.  She  will  acquire  a 
degree  of  power  which  she  will  be  too  well  disposed  to  abuse." 

What  "  verbal  overtures"  were  made  by  Mr.  Rayneval 
to  the  British  Minister  will  probably  never  be  known ;  but 
a  note  which  he  submitted  to  him  has  lately  been  published. 
It  relates  chiefly  to  points  in  dispute  between  England, 
France,  and  Spain.  The  only  points  bearing  on  the  interests 
of  the  United  States  are  the  following : 

"  As  the  independence  of  America  is  a  thing  agreed  upon, 
no  remark  needs  be  made  on  that  subject. 

"  An  arrangement  for  the  fisheries  of  Newfoundland. 
This  matter  has  been  treated  discursively  with  Mr.  Fitz- 
herbert.  If  the  ideas  which  have  been  proposed  to  him  are 
judged  impracticable,  I  am  persuaded  they  will  be  weighed 
with  equity  at  Versailles." 

As  Great  Britain  had  offered  to  grant  independence  to 
the  United  States  by  treaty,  Mr.  Rayneval's  waiver  of 
all  remarks  on  the  subject  seems  to  intimate  the  acqui 
escence  of  France  in  the  offer. 

The  nature  of  the  propositions  made  by  France  to  Mr. 
Fitzherbert,  relative  to  the  fisheries,  can  only  be  matter  of 
conjecture.  The  hint,  however,  that  if  found  impracticable 


upon  the  passage,  viz.,  '  That  the  Newfoundland  fishery  was  our  right,  and 
we  ought  to  maintain  it.'  From  whence  I  conclude,  M.  Marbois's  senti 
ments  have  changed  by  the  instructions  of  the  minister. 

"  M.  de  Rayneval's  correspondence,  too,  with  Mr.  Jay.  M.  de  Rayneval 
is  a  chef  de  bureau.  But  we  must  be  very  ignorant  of  all  courts  not  to  know, 
that  an  under-secretary  of  state  dares  not  carry  on  such  a  correspondence 
without  the  knowledge,  consent,  and  orders  of  his  principal." 


150  LIFE    OF  JOHN   JAY. 

by  Great  Britain,  they  would  not  be  insisted  on,  renders  it 
not  improbable  that  they  contemplated  a  division  of  the 
fisheries  between  France  and  England,  to  the  exclusion  of 
the  United  States. 

But,  whatever  may  have  been  the  objects  of  Mr.  Ray- 
nevaPs  mission,  that  of  Mr.  Vaughan  was  attended  with 
complete  success.  This  gentleman  returned  to  Paris  on 
the  27th  of  September,  accompanied  by  a  courier  bearing 
for  Mr.  Oswald  a  commission  authorizing  him  to  treat  with 
the  COMMISSIONERS  OF  THE  UNITED  STATES  OF  AMERICA. 

The  negotiation  was  now  commenced,  and  in  a  few  days 
the  two  American  commissioners  agreed  with  Mr.  Oswald 
on  certain  preliminary  articles,  to  be  incorporated  in  the 
treaty  of  peace  as  soon  as  England  and  France  should  be 
ready  to  terminate  the  war;  the  United  States  being 
restrained  by  the  treaty  of  alliance  from  making  a  separate 
peace.  These  articles  were  drawn  by  Mr.  Jay,  and  were, 
in  most  respects,  the  same  as  those  which  were  afterward 
signed.  The  boundaries  given  to  the  United  States  were 
more  comprehensive  than  those  finally  obtained,  and  in 
cluded  nearly  the  whole  of  Upper  Canada,  with  the  entire 
lakes  Ontario,  Erie,  and  Huron.  The  Mississippi  and  the 
fisheries  were  amply  secured. 

These  articles  were  forwarded  to  the  English  cabinet  for 
its  consideration,  and,  in  the  mean  time,  carefully  concealed 
from  the  French  government.  On  the  23d  of  October,  Mr. 
Oswald  was  informed  that  the  extent  of  the  boundaries, 
and  the  absence  of  any  provision  for  the  tories,  induced  the 
ministry  to  hesitate  in  giving  their  sanction  to  the  proposed 
articles,  and  that  Mr.  Strackey  would  be  sent  to  Paris  to 
confer  on  these  topics.  No  objection  was  made  to  the 
article  securing  to  the  United  States  their  right  to  the  fish 
eries,  nor  indeed  to  any  other  of  the  provisions  except  the 
two  mentioned. 

An  extract  from  Mr.  Jay's  private  memoranda  will  here 
be  interesting. 

"  24th  October. — Mr.  Oswald  told  me  he  had  received  a 


LIFE    OF   JOHN   JAY.  151 

courier  last  night ;  that  our  articles  were  under  considera 
tion  ;  and  that  Mr.  Strackey,  Mr.  Townshend's  secretary, 
was  on  the  way  to  confer  with  us  about  them :  he  further 
said,  he  believed  this  court  had  found  means  to  put  a  spoke 
in  our  wheel.  He  consulted  me  as  to  the  possibility  of 
keeping  Mr.  Strackey 's  coming  a  secret.  I  told  him  it  was 
not  possible,  and  that  it  would  be  best  to  declare  the  truth 
about  it,  viz.  that  he  was  coming  with  books  and  papers 
relative  to  our  boundaries. 

"  Dined  with  Dr.  Franklin.  I  found  Mr.  Rayneval 
there.  Just  after  dinner,  the  Dr.  informed  me,  that  Ray 
neval  had  sent  him  word,  that  he  would  dine  with  him  to 
day,  and  would  be  glad  to  see  me  there.  I  told  the  Dr. 
what  I  had  heard  from  Oswald  about  Strackey;  and 
that  I  thought  it  best  not  to  say  more  to  Rayneval  than 
that  we  met  with  difficulties,  and  that  Oswald  expected  to 
receive  instructions  in  a  few  days. 

"  We  retired  with  Rayneval.  He  asked  how  matters 
stood  between  us  and  Oswald.  We  told  him  that  we  could 
not  agree  about  all  our  boundaries.  We  mentioned  the 
one  between  us  and  Nova  Scotia.  He  asked,  what  we 
demanded  to  the  north.  We  answered,  that  Canada  should 
be  reduced  to  the  ancient  bounds.  He  then  contested  our 
right  to  those  back  lands,  &c.  &c. 

"  He  asked  what  we  expected  as  to  the  fisheries.  We 
said,  the  same  right  we  had  formerly  enjoyed.  He  con 
tested  the  propriety  of  that  demand ;  adding  some  strictures 
on  the  ambition  and  restless  views  of  Mr.  Adams,  and  inti 
mated  that  we  might  be  contented  with  the  coast  fishery." 

This  coincidence  between  the  language  of  the  confiden 
tial  secretary  of  ^  Count  Vergennes  and  that  of  the  French 
charges  des  affaires  at  Philadelphia,  in  relation  to  the 
fisheries  and  the  conduct  of  Mr.  Samuel  Adams,  is  of  itself 
a  strong  evidence  of  the  real  views  of  the  French  cabinet. 
It  is  also  remarkable  that  the  French  court  (for  we  are 
authorized  to  regard  Rayneval  as  speaking  the  senti 
ments  of  his  employers)  was  thus  discountenancing  the 


152  LIFE    OF    JOHN    JAY. 

claims  of  its  allies  to  the  fisheries,  after  those  claims  had 
been  admitted  by  Great  Britain.  This  conversation 
throws  some  light  upon  the  objects  of  Mr.  Rayneval's  late 
visit  to  England,  and  particularly  upon  the  "  ideas"  respect 
ing  the  fisheries,  which,  in  his  note  to  Lord  Shelburne,  he 
told  him  had  been  proposed  to  Mr.  Fitzherbert. 

On  the  26th  of  October,  Mr.  Adams  arrived ;  and  "  in 
him,"  said  Mr.  Jay  to  the  secretary  for  foreign  affairs,  "  I 
have  found  a  very  able  and  agreeable  coadjutor."  When 
we  recollect  the  weight  of  responsibility  which  Mr.  Jay 
had  recently  assumed,  we  may  readily  conceive  the  grati 
fication  he  must  have  experienced  on  discovering  in  Mr. 
Adams  a  colleague  of  kindred  feelings  with  his  own.  In 
his  diary  is  the  following  entry : — "  October  28th,  Monday. 
Mr.  Adams  was  with  me  three  hours  this  morning.  I 
mentioned  to  him  the  progress  and  present  state  of  our 
negotiation  with  Britain — my  conjectures  of  the  views  of 
France  and  Spain,  and  the  part  which  it  appeared  to  me 
advisable  for  us  to  act.  He  concurred  with  me  in  sentiment 
on  all  these  points" 

Mr.  Adams  took  an  early  opportunity  to  enlighten  Dr. 
Franklin  as  to  the  real  views  of  France.  "  I  told  him," 
says  he  in  his  journal,  "  without  reserve,  my  opinion  of  the 
policy  of  this  court,  and  of  the  principles,  policy,  and  firm 
ness  with  which  Mr.  Jay  had  conducted  the  negotiation  in 
his  sickness  and  my  absence  ; '  and  that  I  was  determined 
to  support  Mr.  Jay  to  the  utmost  of  my  power  in  the  pur 
suit  of  the  same  system.  The  Dr.  heard  me  patiently,  but 
said  nothing.  The  first  conference  we  had  afterwards  with 
Mr.  Oswald,  in  considering  one  point  and  another,  Dr. 
Franklin  turned  to  Mr.  Jay  and  said,  '  I  am  of  your 
opinion,  and  will  go  on  with  these  gentlemen  without  con 
sulting  this  court.'  "*  Thus  was  the  opinion  originally  ex 
pressed  by  Mr.  Jay  of  the  impolicy  of  the  instructions  of 
Congress,  amply  confirmed  by  the  fact  that  the  three  com- 

*  American  Diplomatic  Correspondence,  vol.  vi. 


LIFE    OP   JOHN   JAY.  153 

missioners,  including  Dr.  Franklin  himself,  found  them 
selves  compelled  to  disobey  those  instructions,  that  they 
might  prevent  a  selfish  ally  from  sacrificing  the  important 
rights  and  interests  of  their  country. 

A  few  weeks  sufficed  for  the  completion  of  the  negotia 
tion,  and  on  the  30th  November  the  provisional  articles 
were  signed  by  the  American  commissioners  and  Mr. 
Oswald.  These  articles  amounted  merely  to  a  contract 
between  Great  Britain  and  the  United  States  as  to  the  terms 
of  the  treaty  of  peace,  when  that  treaty  should  be  made. 
Hence,  although  the  war  was  nominally  continued,  there 
was  no  object  left  for  which  it  should  be  prosecuted.  All 
the  claims  of  the  United  States  were  granted  by  these  arti 
cles,  and  France  was  now  compelled  to  settle  her  own  terms 
with  Britain,  without  being  able  to  avail  herself,  in  the 
negotiation,  of  her  supposed  influence  over  her  ally. 

Mr.  Laurens,  the  fourth  commissioner,  reached  Paris 
only  the  day  before  the  articles  were  signed,  and  had  thus 
the  gratification  of  adding  his  signature  to  them.*- 

It  is  due  to  Dr.  Franklin  to  state,  that  he  cordially  united 
with  his  colleagues  in  maintaining  the  da  ms  of  Congress 
respecting  boundaries,  the  Mississippi,  and  the  fisheries. 
He  never  questioned  either  the  justice  or  the  importance  of 
these  claims ;  but  he  did  question  the  propriety  of  making 
the  success  of  these  claims  an  ultimatum  of  peace,  when 
Congress  had  not  made  it  so.  He  did  not,  at  first,  feel  him 
self  at  liberty  to  disregard  the  advice  of  the  French' minister, 
after  being  directed  by  Congress  to  follow  it ;  nor  could  he 
persuade  himself,  that  an  ally  who  had  expended  so  much 
blood  and  treasure  in  effecting  the  independence  of  his 
country,  could  view  her  future  power  and  prosperity  with 
jealousy.  Had  the  Doctor  been  the  sole  commissioner,  it 
is  not  probable  that  he  would  have  penetrated  the  designs 

*  At  Mr.  Laurens's  suggestion,  a  clause  was  added,  restraining  the  British 
from  carrying  away  negroes  from  the  United  States. 
VOL.  I. X 


154  LIFE    OF   JOHN    JAY. 

of  the  French  court,  nor  that  he  would  have  assumed  the 
responsibility  of  violating  his  instructions.  Yielding  to  the 
advice  of  Vergennes,  he  would  have  treated  with  Oswald 
under  his  first  commission,  consenting  that  the  acknowledg 
ment  of  independence  should  form  an  article  of  the  treaty. 
But  for  this  article,  the  court  of  St.  James,  instructed  by 
that  of  Versailles,  would  have  demanded  certain  concessions, 
and  Count  Vergennes  would  have  assured  him  that  the 
abandonment  of  the  fisheries,  the  Mississippi  and  the  terri 
tory  adjoining  it,  were  matters  of  necessity,  not  of  choice ; 
that  on  these  points  Britain  was  inflexible,  and  that  France 
could  not  be  expected  to  prolong  the  war  solely  to  procure 
for  the  United  States  objects  to  which  their  title  was,  at 
least,  questionable.  Thus,  urged  on  the  one  hand  by  France, 
and  fettered  on  the  other  by  his  instructions,  Franklin  would, 
in  all  human  probability,  but  with  feelings  of  deep  mortifi 
cation  and  regret,  have  set  his  hand  to  a  treaty  sacrificing 
rights  which  he  had  himself  ably  and  zealously  maintained, 
and  which  he  knew  to  be  of  inestimable  value  to  his  country. 

It  is  much  to  the  credit  of  Dr.  Franklin,  that  although  he 
differed  in  opinion  from  Mr.  Jay,  he  did  not  counteract  his 
measures,  but  faithfully  concealed  the  negotiation  with 
Oswald  from  the  French  government ;  that  he  took  no 
offence  at  the  mission  of  Mr.  Vaughan,  undertaken  without 
his  knowledge ;  and  that  he  finally  co-operated  with  Mr. 
Jay,  and  ever  after  retained  his  friendship  for  him,  and 
named  him  one  of  the  executors  of  his  will.  The  difference 
between  these  two  patriots  was  not  one  of  zeal  and  devo 
tion  in  the  service  of  their  country,  but  solely  a  question  of 
duty  under  existing,  and  very  peculiar  circumstances. 

That  Dr.  Franklin  finally  concurred  with  his  colleagues 
as  to  the  real  views  of  the  French  court  is  apparent  from 
the  following  passages  in  a  letter  from  the  commissioners 
to  the  secretary  of  foreign  affairs, — a  letter  bearing  the 
Doctor's  signature.  "  We  knew  this  court  and  Spain  to  be 
against  our  claims  to  the  western  country.  As  we  hod  reason 


LIFE    OF   JOHN    JAY.  155 

to  imagine  that  the  articles  respecting  boundaries,  the  refu 
gees,  and jisJieries  did  not  correspond  with  the  policy  of  this 
court,  we  did  not  communicate  the  preliminaries  to  the 
minister  until  after  they  were  signed."* 

But,  while  Dr.  Franklin  was  compelled  by  the  evidence 
of  facts  to  admit  that  the  policy  of  the  French  court 
was  adverse  to  the  American  claims,  his  charity  imputed 
that  policy  to  other  than  unfriendly  feelings  towards  its 
confiding  ally. 

After  the  articles  were  signed,  and  the  claims  of  the 
United  States  thus  placed  beyond  discussion,  the  event  was 
announced  to  the  French  minister.  The  count,  in  the  irri 
tation  of  the  moment,  wrote  Dr.  Franklin  a  reproachful 
letter  :— 

"  You  have,"  said  he,  "  concluded  your  preliminary 
articles  without  any  communication  between  us,  although 
the  instructions  from  Congress  prescribe  that  nothing  shall 
be  done  without  the  participation  of  the  king.  You  are 
about  to  hold  out  a  certain  hope  of  peace  to  America,  with 
out  even  informing  yourself  of  the  state  of  the  negotiations 
on  our  part.  You  are  wise  and  discreet,  sir  ;  you  perfectly 
understand  what  is  due  to  propriety  ;  you  have  all  your 
life  performed  your  duties — I  pray  you  to  consider  how 
you  propose  to  fulfil  those  which  are  due  to  the  king.  I 
am  not  desirous  of  enlarging  these  reflections  ;  I  commit 
them  to  your  integrity." 

The  day  after  it  was  known  that  the  articles  had  been 
signed,  Count  Aranda  met  Mr.  Jay,  and  tapping  him  on 
the  shoulder,  said,  very  significantly,  "  Eh  bien,  mon  amie, 
vous  avez  tres  bien  fait." 

A  circumstance  occurred  during  this  negotiation  that 
strikingly  evinced  the  anxiety  of  the  French  government 
to  become  acquainted  with  its  details,  and  the  unjustifiable 
means  they  used  to  obtain  information.  Mr.  Jay  was  one 

*  Am.  Dip.  Cor. 


156  LIFE   OF   JOHN   JAY. 

evening  in  conference  with  Mr.  Oswald,  when  the  latter, 
wishing  to  consult  his  instructions,  unlocked  his  escritoir  ; 
when,  to  his  astonishment  and  alarm,  he  discovered  that  the 
paper  was  missing.  Mr.  Jay  smiled,  and  told  him  to  give 
himself  no  concern  about  the  document,  as  he  would  cer 
tainly  find  it  in  its  place  as  soon  as  the  minister  had  done 
with  it.  In  a  few  days  the  prediction  was  verified.  So 
well  apprized  was  Mr.  Jay  of  the  artifices  of  the  agents 
of  the  government,  that  while  secrecy  was  important,  he 
made  it  a  rule  to  carry  his  confidential  papers  about  his 
person. 

In  Mr.  Jay's  diary  are  found  two  extraordinary  anec 
dotes,  which,  if  true,  convict  the  French  government  of  a 
degree  of  perfidy  and  baseness  rarely  paralleled  in  history. 

"  21st  October,  1782.— Visited  Mr.  Oswald  ;  he  told  me 
that  a  Mr.  Pultney  had  within  a  few  days  arrived  here  to 
place  his  daughter  (a  rich  heiress)  in  a  convent ;  that  Mr. 
Pultney  in  confidence  gave  him  the  following  anecdote,  viz. 
That  in  the  latter  part  of  last  winter,  or  beginning  of  last 
spring,  there  was  an  Englishman  of  distinction  here  who,  in 
conversation  with  a  friend  of  Mr.  Vergennes,  expressed  his 
regret  that  the  affairs  of  America  could  not  be  so  arranged 
as  to  lead  to  peace.  The  friend  mentioned  this  to  Ver 
gennes,  who  agreed  to  admit  the  Englishman  to  an  audience 
on  the  subject.  Accordingly,  the  Englishman  and  this  friend 
waited  upon  the  minister,  who,  in  the  conference,  offered 
to  divide  America  with  Britain,  and  in  case  the  latter  agreed 
to  the  partition,  that  the  force  of  France  and  Britain  should 
be  used  to  reduce  it  to  the  obedience  of  the  respective  sove 
reigns.  On  parting,  the  minister  said  that  in  case  this  offer 
should  not  be  accepted,  he  reserved  to  himself  the  right  of 
denying  all  that  he  had  said  about  it ;  that  this  offer  was 
refused,  and  that  the  friend  in  a  letter  to  the  Englishman 
had  expressed  his  regret  on  the  subject.  Mr.  Oswald  told 
me  further,  that  Mr.  Pultney  assured  him  that  he  received 
this  information  from  the  Englishman's  own  mouth,  Mr, 


LIFE    OP   JOHN    JAY.  157 

Oswald  spoke  handsomely  of  Mr.  Pultney's  character.  I 
advised  him  to  trace  the  matter  further,  and  if  true,  to  get  it 
properly  authenticated,  which  he  promised  to  do." 

It  appears  from  the  date  of  this  anecdote  that  it  was  told 
to  Mr.  Jay  after  the  preliminary  articles  had  been  agreed 
on  by  the  negotiators,  but  before  they  had  received  the 
assent  of  the  British  cabinet.  It  may  therefore  be  supposed 
that  the  object  of  the  communication  was  to  prejudice  the 
American  commissioner  against  the  French  court,  and  thus 
to  induce  him  more  readily  to  yield  to  the  objections  which 
England  might  possibly  make  to  the  articles.  Such  a  sup 
position  will  not  apply  to  the  following  narrative,  which 
was  not  given  ,111  after  the  preliminary  treaty  was  signed, 
and  all  the  great  points  in  dispute  finally  settled. 

"22d  December,  1782. — Between  7  and  8  o'clock  this 
evening  I  visited  Mr.  Oswald.  After  some  general  con 
versation  he  took  occasion  to  say  that  Lord  Mount  Stuart, 
the  son  of  Lord  Bute,  had  dined  with  him  to-day ;  and  that 
he  had  also  seen  his  brother  Col.  Stuart,  who  had  served 
the  whole  war  in  America.  He  spoke  of  the  colonel's 
aversion  to  the  American  war,  and  the  account  he  gave  of 
the  want  of  discipline  and  the  disorder  which  prevailed  in 
the  British  army  there.  He  passed  several  encomiums  on 
the  colonel's  character  ;  sometimes  of  the  father  and  then  of 
the  sons',  observing  how  unlike  they  were  to  what  the 
father  was  supposed  to  be  ;  though  for  his  part,  he  believed 
that  more  sins  were  laid  on  his  back  than  he  had  ever  com 
mitted.  He  said  that  Lord  Mount  Stuart  execrated  the 
American  war,  and  had  shown  him  to-day  several  letters 
written  by  him  at  Turin  (where  he  was  ambassador)  to 
Lord  Hilsborough  on  that  subject.  Mr.  Oswald  asked  me 
if  I  remembered  what  he  had  told  me  of  Mr.  Pultney's 
information  about  the  propositions  of  Count  Vergennes,  to 
divide  America  with  Britain.  I  told  him  I  did.  *  Well, 
says  he,  '  the  same  kind  of  proposition  was  made  to  Lord 
Mount  Stuart.  His  lordship  brought  with  him  here  to 


158  LIFE    OP   JOHN    JAY. 

dinner  his  letter-book,  which  he  did  not  choose  to  leave 
with  his  charge  d'affaires,  and  in  which  he  showed  me  his 
letters  written  with  his  own  hand,  (for  he  would  not  confide 
it  to  his  secretary)  to  Lord  Hilsborough ;  and  the  first  letter 
was  dated  in  the  month  of  September,  1780  ;  from  which  it 
appears  that  a  Mr.  Mally,  who  had  formerly  travelled  with 
Lord  Mount  Stuart,  and  is  an  honorary  professor  at  Geneva, 
and  is  employed  to  write  the  history  of  Hesse,  &c.,  for  which 
he  receives  annuities ;  a  man,  in  short,  well  known  among 
men  of  letters,  was  employed  by  Mr.  Neckar  to  make  over 
tures  to  Lord  Mount  Stuart,  about  putting  an  end  to  the 
war,  by  dividing  America  between  Britain  and  France,  the 
latter  to  have  the  eastern  part. 

Mr.  Oswald  also  says  that  Lord  Mount  Stuart  went  to 
Geneva  on  the  occasion,  where  he  conversed  with  Mr.  Mally, 
and  that  his  lordship  read  to  him  out  of  his  letter-book  French 
letters  from  this  Mr.  Mally  to  his  lordship  on  the  subject,  after 
his  return  to  Turin:  that  this  correspondence  contains  a  very 
curious  and  particular  account  of  French  intrigues,  particu 
larly  that  Neckar  wished  for  peace,  because  his  system  could 
only  raise  money  enough  to  provide  for  old  arrears  and 
for  current  expenses ;  and  were  he  obliged  to  sustain  the 
expense  of  the  war,  he  must  break  in  upon  it,  and  perhaps 
be  disgraced ;  it  also  mentioned  the  intrigues  to  get  De 
Sartine  out  of  the  marine  department ;  and  Mr.  Oswald 
says  that  the  overtures  about  America  were  conducted 
with  a  variety  of  precautions  for  secrecy,  and  with  a  stipu 
lation  or  condition  that  both  parties,  in  case  they  did  not 
agree,  should  be  at  liberty  to  deny  all  that  passed.  He 
told  me  that  my  lord  wrote  strongly  to  Lord  Hilsborough 
against  the  American  war,  and  that  the  latter  in  answer 
told  him  it  was  a  subject  out  of  his  line,  and  with  which  it 
was  not  proper  for  him  to  interfere.  Lord  Mount  Stuart 
was  offended  with  the  minister  for  this,  and  he  brought  his 
letter-book  with  him  to  Mr.  Oswald  to  show  him  the  full 
.state  of  the  matter.  Mr.  Oswald  said,  that  as  he  had  told 


LIFE    OF    JOHN    JAY.  159 

me  the  affair  of  Mr.  Pultney,  he  could  not  forbear  mention 
ing  this  also,  for  it  was  a  little  strange  that  so  extraordinary 
a  matter  should  come  so  circumstantial  and  correspondent 
from  such  different  and  unconnected  quarters.  He  desired 
me  to  consider  this  communication  as  very  confidential, 
adding  that  he  could  say  more,  but  that  it  would  not  be 
proper  for  him  at  present  to  enter  into  a  detail  of  further 
particulars." 

The  high  respect  entertained  for  Mr.  Oswald  by  the 
American  commissioners  precludes  all  suspicion  that  the 
facts  above  related  were  fabricated  by  him.  How  far  he 
was  imposed  upon  by  his  informants,  how  far  his  informants 
were  themselves  deceived,  and  how  far  these  relations  are 
correct  or  otherwise,  are  questions  which  probably  will 
never  be  fully  answered.  It  is  not  known  what  were  Mr. 
Jay's  sentiments  on  the  subject.  He  recorded  at  the  time 
the  information  he  received,  but  without  comment. 

We  have  already  mentioned  Mr.  Van  Schaack  as  a  firm 
but  conscientious  adherent  to  the  British  cause.  This  gen 
tleman  had  suffered  many  privations  and  inconveniences  in 
America,  on  account  of  his  loyalty,  certainly  with  the  con 
currence,  if  not  in  part  through  the  agency  of  Mr.  Jay. 
He  had  at  last  obtained  permission  to  leave  his  country, 
and  to  settle  in  England.  These  circumstances  had,  for 
several  years,  suspended  all  intercourse  between  him  and 
his  former  friend  ;  it  was  renewed  by  the  following  corres 
pondence  : 


"  TO    JOHN    JAY. 


"  London,  llth  August,  1782. 
"  (Rathbone-place)  No.  20,  Charlotte-street. 
"DEAR    SlR, 

"  Though  I  have  taken  up  my  pen  to  wrrite  to  you,  I  own 
I  hardly  know  what  to  say ;  embarrassed  as  I  am  by  a 
consideration  of  the  strange  predicament  we  stand  in  to 
each  other,  compared  with  our  connexion  in  earlier  life. 


160  LIFE    OP  JOHN   JAY. 

I  write,  therefore,  without  any  precise  object,  trusting  to 
what  chance  (if  any  thing  it  should)  may  produce  from  it. 
One  thing,  however,  I  must  premise,  which  is,  that  I  have 
no  design  of  making  this  introductory  to  any  improper 
request.  Pride,  or  whatever  it  may  be  called,  will  restrain 
me  from  any  application  that  might  expose  me  to  the  mor 
tification  of  a  refusal ;  and  I  am  not  so  weak  as  to  attempt 
to  prevail  in  any  matter  inconsistent  with  your  duty,  and 
in  your  sense  of  it.  The  impressions  of  my  youth  are  not 
easily  effaced  ;  and  the  new  scenes  I  have  passed  through 
have  not  altered  my  old  notions  of  right  and  wrong.  Ccelum, 
non  animum.  Whether  what  has  passed  has  altered  your 
opinion  of  me  as  a  man,  I  own,  is  a  question  I  could 
wish  to  have  resolved.  The  artificial  relations,  introduced 
by  a  state  of  society,  may  vary  or  be  dissolved  by  events 
and  external  circumstances ;  but  there  are  others  which 
nothing  but  deviation  from  moral  rectitude  can,  I  think, 
annihilate. 

"  I  congratulate  you  on  the  increase  of  your  family,  and 
sincerely  wish  you  and  Mrs.  Jay  every  domestic  happiness. 
"  I  am,  dear  sir, 

"  Your  most  obedient  servant, 

"  PETER  VAN  SCHAACK." 

"TO  PETER  VAN  SCHAACK. 

"  Paris,  17th  Sept.,  1782. 
"  DEAR  SIR, 

"Dr.  Franklin  sent  me  this  morning  your  letter  of  llth 
August  last :  I  thank  you  for  it.  Aptitude  to  change  in  any 
thing  never  made  a  part  of  my  disposition,  and,  I  hope, 
makes  no  part  of  my  character^  In  the  course  of  the 
present  troubles  I  have  adhered  to  certain  fixed  principles, 
and  faithfully  obeyed  their  dictates,  without  regarding  the 
consequences  of  such  conduct  to  my  friends,  my  family,  or 
myself;  all  of  whom,  however  dreadful  the  thought,  I  have 


LIFE    OP    JOHN   JAY.  161 

ever  been  ready  to  sacrifice,  if  necessary,  to  the  public 
objects  in  contest. 

"  Believe  me,  my  heart  has  nevertheless  been,  on  more 
than  one  occasion,  afflicted  by  the  execution  of  what  I 
thought,  and  still  think,  was  my  duty.  I  felt  very  sensibly 
for  you  and  for  others  ;  but  as  society  can  regard  only  the 
political  propriety  of  men's  conduct,  and  not  the  moral  pro 
priety  of  their  motives  to  it,  I  could  only  lament  your 
unavoidably  becoming  classed  with  many  whose  morality 
was  convenience,  and  whose  politics  changed  with  the 
aspect  of  public  affairs. 

"  My  regard  for  you,  as  a  good  old  friend,  continued  not 
withstanding.  God  knows,  that  inclination  never  had  a 
share  in  any  proceedings  of  mine  against  you ;  from  such 
'  thorns  no  man  could  expect  to  gather  grapes ;'  and  the 
only  consolation  that  can  grow  in  their  unkindly  shade  is  a 
consciousness  of  doing  one's  duty,  and  the  reflection  that  as, 
on  the  one  hand,  I  have  uniformly  preferred  the  public  weal 
to  my  friends  and  connexions ;  so  on  the  other,  I  have 
never  been  urged  by  private  resentment  to  injure  a  single 
individual. 

"  Your  judgment,  and  consequently  your  conscience,  dif 
fered  from  mine  on  a  very  important  question  ;  but  though, 
as  an  independent  American,  I  considered  all  who  were  not 
for  us,  and  you  among  the  rest,  as  against  us ;  yet,  be 
assured,  that  John  Jay  did  not  cease  to  be  a  friend  to  Peter 
Van  Schaack. 

"  No  one  can  serve » two  masters  :  either  Britain  was 
right,  and  America  wrong ;  or  America  was  right,  and 
Britain  wrong.  They  who  thought  Britain  right  were 
bound  to  support  her  ;  and  America  had  a  just  claim  to  the 
services  of  those  who  approved  her  cause.  Hence  it 
became  our  duty  to  take  one  side  or  the  other ;  and  no 
man  is  to  be  blamed  for  preferring  the  one  which  his  reason 
recommended  as  the  most  just  and  virtuous. 
.  "  Several  of  our  countrymen  indeed  left,  and  took  arms 

VOL.  I. Y 


162  LIFE    OP   JOHN   JAY. 

against  us,  not  from  any  such  principles,  but  from  the  most 
dishonourable  of  human  motives.  Their  conduct  has  been 
of  a  piece  with  their  inducements,  for  they  have  far  out 
stripped  savages  in  perfidy  and  cruelty.  Against  these 
men  every  American  must  set  his  face  and  steel  his  heart. 
There  are  others  of  them,  though  not  many,  who,  I  believe, 
opposed  us  because  they  thought  they  could  not  conscien 
tiously  go  with  us.  To  such  of  these  as  have  behaved  with 
humanity,  I  wish  every  species  of  prosperity  that  may  con 
sist  with  the  good  of  my  country. 

"  You  see  how  naturally  I  slide  into  the  habit  of  writing 
as  freely  as  /  used  to  speak  to  you.  Ah !  my  friend,  if 
ever  I  see  New- York  again,  I  expect  to  meet  with  '  the 
shade  of  many  a  departed  joy/  My  heart  bleeds  to  think 
of  it. 

"  How  is  your  health  ?  Where  and  how  are  your  chil 
dren  ?  Whenever,  as  a  private  friend,  it  may  be  in  my 
power  to  do  good  to  either,  tell  me.  While  I  have  a  loaf, 
you  and  they  may  freely  partake  of  it.  Don't  let  this  idea 
hurt  you.  If  your  circumstances  are  easy,  I  rejoice  ;  if  not, 
let  me  take  off  their  rougher  edges. 

"  Mrs.  Jay  is  obliged  by  your  remembrance,  and  presents 
you  her  compliments.  The  health  of  us  both  is  but  deli 
cate.  Our  little  girl  has  been  very  ill,  but  is  now  well. 
My  best  wishes  always  attend  you,  and  be  assured  that, 
notwithstanding  any  political  changes, 

"  I  remain,  dear  Peter, 
"  Your  affectionate  friend  and  servant, 

"JOHN  JAY." 

"  TO  JOHN  JAY. 

"  London,  15th  Oct.  1782. 

"  DEAH  SIR, 

"  I  will  not  attempt  to  describe  my  feelings  upon  the 
perusal  of  your  very  friendly  letter.  I  consider  it  as  a 
perfect  picture,  in  which  I  can  trace  every  well  known 


LIFE    OP   JOHN    JAY.  163 

feature  of  your  character.  Your  unreserved  commemora 
tion  of  our  old  friendship,  and  assurance  of  its  continuance; 
your  kind  inquiries  into  the  situation  of  me  and  my  chil 
dren,  and  generous  offers  with  respect  to  both  them  and 
myself;  and  your  pathetic  allusion  to  the  melancholy  scenes 
you  will  meet  upon  your  return  to  New-York,  melted  my 
heart ;  and  every  idea  of  party  distinction  or  political  com 
petition,  vanished  in  an  instant! 

"  The  line  you  have  drawn  between  your  political  char 
acter  and  your  private  friendships  is  so  strongly  marked, 
and  will  be  so  strictly  attended  to  by  me,  that  I  hope  our 
correspondence  will  not  end  here.  Be  assured,  that  were 
I  arraigned  at  the  bar,  and  you  my  judge,  I  should  expect 
to  stand  or  fall  only  by  the  merits  of  my  cause. 

"With  respect  to  the  great  contest  in  which,  unfortu 
nately,  I  differed  from  others  of  my  valuable  friends  as 
well  as  yourself,  I  can  say  with  the  most  sacred  regard 
to  truth,  I  was  actuated  by  no  motive  unfriendly  to  my 
country,  nor  by  any  consideration  of  a  personal  or 
private  nature.  Men's  hearts  are  not  always  known,  even 
to  themselves  ;  but,  believe  me  that  I  spared  no  pains  in  ex 
amining  into  all  the  secret  recesses  of  mine.  I  can  say, 
too,  that  my  wishes  were  to  have  gone  with  you.  The 
very  appearance  (and  in  my  view  of  things  it  was  appear 
ance  only)  of  taking  part  against  my  country  distressed 
me  in  the  extreme.  Could  it  be  for  the  sake  of  Great 
Britain  that  I  could  wish  to  sacrifice  the  welfare  of  my 
native  country  ?  My  attachment  to  her  (great  indeed  it 
was)  was  founded  in  the  relation  she  stood  in  to  America, 
and  the  happiness  which  I  conceived  America  derived  from 
it :  nor  did  it  appear  to  me,  from  any  thing  that  had  hap 
pened,  that  the  connexion  was  dissolved.  Upon  the  whole, 
as  even  in  a  doubtful  case,  I  would  rather  be  the  patient 
sufferer,  than  run  the  risk  of  being  the  active  aggressor ; 
and  as  I  should  rather  be  even  a  figure  for  the  hand  of 
scorn  to  point  its  slow  and  moving  finger  at  than  to  destroy 
the  peace  of  my  own  mind,  I  concluded,  rather  than  to 


164  LIFE    OF   JOHN    JAY. 

support  a  cause  I  could  not  approve,  to  bear  every  distress 
that  m  g':t  icsult  from  the  part  I  took  ;  and  if  America  is 
happier  for  the  revolution,  I  declare  solemnly  that  I  shall 
rejoice  that  the  side  I  was  on  was  the  unsuccessful  one. 
You,  my  dear  sir,  will  excuse  my  saying  thus  much  on  a 
subject  so  interesting  to  all  that  is  dear  to  me  in  life.  My 
heart  warms  whenever  our  country  (I  must  call  it  my 
country)  is  the  subject ;  and  in  my  separation  from  it,  '  I 
have  dragged  at  each  remove  a  lengthening  chain.' 

"  I  am  sorry  that  the  health  of  you  and  Mrs.  Jay  should 
be  but  indifferent ;  and  you  have  my  most  cordial  wish  that 
you  may  both  again  enjoy  this  invaluable  blessing.  Per 
haps  it  would  sound  equivocally  were  I  to  express  a  wish 
that  you  would  not  attend  so  much  to  public  business,  but 
remember  what  Horace  says  of  a  wise  and  good  man : 
4  Ultra  quam  satis  est,  virtutem  si  petat  ipsam.'  Your  horse, 
I  hope,  is  your  only  physician  ;  and  as  to  an  apothecary,  I 
hope  you  will  not  require  even  an  ass.  My  health,  which 
you  kindly  inquire  after,  was  never  better,  saving  the  com 
plaint  in  my  sight,  which,  however,  gives  me  no  pain. 
The  one  eye  is  quite  useless,  and  two  years  ago  I  got  an 
.attack  upon  the  other ;  at  that  period,  indeed,  my  friend,  I 
wanted  consolation ;  but  I  bless  God  I  found  resources  in 
my  mind  which  very  soon  prepared  me  with  resignation  for 
the  worst. 

"  As  to  my  circumstances,  my  dear  sir,  they  are  quite 
easy ;  rendered  so  by  the  provision  my  good  father-in-law 
made  for  my  children :  were  they  otherwise,  I  know  no  man 
who  could  sooner  induce  me  to  invade  my  maxim  against 
incurring  pecuniary  obligations  than  yourself,  for  between  the 
professions  and  actions  of  my  friend  John  Jay,  I  never  yet 
have  known  one  instance  of  a  variance.  My  spirits,  too, 
are  good ;  and  I  have  a  good  circle  of  acquaintances,  not 
only  in  town,  but  in  the  pleasant  villages  in  its  neighbour 
hood,  where  I  frequently  walk  ten  or  twelve  miles  before 
dinner.  Upon  the  whole,  I  believe  few  persons  enjoy 
more  social  and  convivial  hours  than  I  do ;  and  though  I  do 


LIFE    OP   JOHN   JAY.  165 

not  so  often  partake  of  the  '  feast  of  reason,  and  the  flow  of 
soul,'  as  I  did  at  New- York,  yet  I  ought  rather  to  be  thank 
ful  for  my  situation  than  to  repine  at  my  share  of  the  public 
calamity,  which  has  involved  so  many  families  in  ruin. 

"  My  children  (I  acknowledge  it  gratefully)  have  been 
permitted  to  remain  at  Kinderhook ;  which,  by-the-by,  is 
become  the  Athens  of  the  county  of  Albany ;  Harry  is 
represented  to  me  as  a  lively  boy,  and  has  been  examined 
and  approved  at  Yale  College :  I  hope  the  poor  fellow  will 
not  be  reproached  with  the  malignity  of  his  father ;  on  my 
part,  I  assure  you  I  have  often  cautioned  my  friends  to 
take  care  not  to  let  him  imbibe  any  political  prejudices  on 
account  of  any  ill  usage  he  might  possibly  suppose  I  had 
received.  I  would  not  let  him  come  to  England,  because 
I  mean  he  should  never  leave  America.  If  he  has  an 
American  education,  with  a  good  share  of  the  weighty 
bullion  of  American  sense,  I  shall  not  regret  his  being  un 
acquainted  with  the  refinements  of  the  Old  World.  Can 
you  forgive  me  for  dwelling  so  long  on  my  private  con 
cerns  ?  Your  kind  inquiries  convince  me  you  can.  What 
a  great  theatre  are  you  acting  upon,  and  what  a  conspicu 
ous  part  do  you  sustain  !  What  a  fund  of  information 
must  you  have  collected ;  and,  conscious  of  the  rectitude 
of  your  measures,  what  must  be  your  feelings  upon  the 
consummation  !  I  have  always  considered  you  as  one  of 
the  most  formidable  enemies  of  this  country,  but  since 
what  has  happened,  has  happened,  there  is  no  man  to  whom 
I  more  cordially  wish  the  glory  of  the  achievement. 

"  My  respectful  compliments  to  Mrs.  Jay ;  and 

"  Believe  me,  dear  sir, 

"  Your  affectionate  friend,  and  sincere  well  wisher, 
"  PETER  VAN  SCHAACK." 

Mr.  Van  Schaack  returned  after  the  peace  to  New- York, 
where  he  enjoyed  the  reputation  of  an  eminent  lawyer  and 
estimable  citizen.  The  friendship  which  dictated  the  fore 
going  letters  was  interrupted  only  by  death. 


166  LIFE    OP   JOHN    JAY. 

.-,.-•  . .  )  .  Yv,.-. 

"TO    MRS.    MARGARET    LIVINGSTON.* 

"Paris,  26th  August,  1782. 
"  DEAR  MADAM, 

"  Your  favour  of  the  21st  of  April  reached  me  the  18th 
of  July  last,  and  is  the  only  letter  I  have  as  yet  been 
honoured  with  from  you,  the  one  you  allude  to  having  mis 
carried;  I  regret  its  loss,  for  I  am  persuaded  it  was  a 
friendly  one. 

"  The  first  and  only  intelligence  I  have  received  of  my 
father's  death  is  contained  in  your  and  Robert's  letters. 
That  event  was  not  unexpected,  but  my  long  absence 
greatly  increased  the  bitterness  of  it.  From  the  day  I  left 
him,  I  never  ceased  to  regret  that  it  was  not  in  my  .power 
to  soften  his  troubles  by  those  soothing  attentions  and  re 
turns  of  gratitude  which  he  had  a  right  to  expect,  and 
which  always  make  the  most  pleasing  impressions  on  those 
by  whom  we  have  been  the  most  highly  obliged.  His 
affection  for  me  was  unbounded,  and  he  knew  how  sensible 
I  was .  of  it.  He  has  had  severe  trials,  but  they  are 
over.  I  have  lost  in  him  an  honest  friend  and  a  kind 
father,  who  never  denied  me  any  thing,  but  from  my 
youth  was  even  studious  to  anticipate  my  very  wishes. 
Thank  God,  there  is  another  world  in  which  we  may  meet 
and  be  happy.  His  being  there  is  a  new  motive  to  my  fol 
lowing  his  footsteps.  I  assure  you,  I  know  the  value  of 
Christian  resignation :  it  has  been  friendly  to  me  on  several 
occasions,  which  may,  perhaps,  one  day  furnish  us  with 
matter  for  conversation.  I  thank  you  most  sincerely  for 
reminding  me  of  the  great  business  and  purpose  of  my  life. 
Such  admonitions,  so  given,  are  never  unseasonable,  and 
always  kind.  I  am  persuaded  that  they  who  have  no 
regard  for  their  own  souls  will  seldom  have  much  for  the 
happiness  or  interest  of  others  ;  and  I  have  learned  to  ex 
pect  no  sincere  attachment  from  those  whose  principles  of 

*  Mother  of  the  Hon.  Robert  R.  Livingston,  secretary  for  foreign  affair*. 


LIFE    OP   JOHN   JAY.  167 

action  are  created  by  occasional  convenience.  These  re 
flections  afford  a  test  for  professions,  and  that  test  tells  me 
to  believe  yours  to  be  real,  and  to  rely  upon  it  accordingly. 
The  regard  and  good  opinion  of  the  good,  yield  rational 
pleasure,  and  I  value  this  ground  of  satisfaction  too  highly 
to  omit  any  opportunity  of  cultivating  it. 

"  I  rejoice  in  Robert's  good  health,  and  in  that  of  his 
daughter :  I  believe  every  syllable  you  say  of  her  temper 
and  disposition,  for  unless  by  supposing  some  perverse 
cross,  it  would  be  difficult  to  account  for  her  having  a  bad 
one.  I  should  be  happy  if  this  blessing  were  to  be  soon 
followed  by  that  of  a  son  equally  promising  ;  for  Claremont 
has  my  best  wishes  that  it  may  administer  affluence  to  a 
long  succession  of  wise  and  good  possessors. 

"  You  ask  me  when  we  shall  meet  ?  I  wish  it  was  in 
my  power  to  answer  this  question  with  certainty,  but  it  is 
not ;  all  I  can  say  is,  that  one  of  my  first  wishes  is  to 
return,  and  to  spend  my  days  with  a  brother  and  sister 
whom  I  tenderly  love,  and  whose  afflictions  I  earnestly 
desire  to  alleviate  by  every  proof  of  fraternal  affection. 
It  might,  perhaps,  be  in  my  power  to  pass  a  more  splendid 
and  easy  life  on  this,  than  on  that  side  of  the  water,  where 
the  wrecks  of  the  fortunes  of  the  family  afford  no  very  flat 
tering  prospects.  But  as  personal  considerations  ought  to 
have  no  influence,  I  adhere  to  my  first  determination,  that 
the  term  of  my  absence  shall  depend  entirely  on  public 
convenience ;  which,  in  my  opinion,  will  not  detain  me 
longer  than  until  the  conclusion  of  the  treaties  which  are 
to  terminate  the  war. 

"  Mrs.  Jay  assures  you  of  her  affection  and  respect :  be 
pleased  to  present  our  compliments  and  best  wishes  to  your 
good  family  ;  and  believe  me  to  be 

"  Dear  madam, 

"  With  sincere  esteem  and  attachment, 
"  Your  most  obedient  and  very  humble  servant, 

"  JOHN  JAY." 


168  LIFE    OP   JOHN    JAY. 

Mr.  Jay's  health  having  suffered  severely  from  the  climate 
of  Spain,  and  also  from  long  and  close  application  to  busi 
ness,  he  was  induced,  at  the  commencement  of  this  year,  to 
make  an  excursion  into  Normandy. 

"TO    MRS.    JAY. 

"Rouen,  9th  Jan.,  1783. 

"  MY  DEAR  SALLY, 

"  It  is  pleasant  to  observe  the  goodness  of  Providence  in 
having  made  our  duty  and  our  happiness  consist  in  the 
same  acts.  My  attentions  to  you  are  stimulated  by  both 
these  motives,  and  receive  an  additional  inducement  from 
the  reflection  that  they  are  never  uninteresting. 

"  We  arrived  here  last  evening.  The  country  between 
this  and  Paris  appears  to  be  fertile  and  well  cultivated,  and 
afforded  us  some  agreeable  views,  notwithstanding  the  dull 
drizzling  weather  which  accompanied  us  almost  the  whole 
of  the  way.  Notwithstanding  that  unfavourable  circum 
stance,  I  find  myself  rather  better  than  when  I  left  you ; 
for  I  have  more  appetite  and  less  pain  in  the  breast  than 
usual :  as  to  sleep  I  still  continue  a  stranger  to  it ;  though 
were  it  not  necessary  to  health,  I  should  not  regret  the 
loss  of  it. 

"  As  my  principal  object  in  this  excursion  is  exercise,  we 
shall  set  out  for  Havre  on  Saturday  morning,  where  I  shall 
stay  only  a  day  or  two,  and  then  return  here.  I  am  told 
there  will  probably  be  much  commerce  between  that  port 
and  America.  For  that  reason,  I  wish  to  take  this  oppor 
tunity  of  acquiring  some  further  information  respecting  it 
than  I  now  have.  In  case  I  should  be  soon  wanted  (which 
I  don't  think  very  probable),  let  me  instantly  know  it.  A 
letter  under  cover  to  Mr.  Holker,  at  this  place,  will  be  care 
fully  delivered.  Remember '  me  to  our  friends ;  kiss  our 
dear  little  girl  for  me,  and  believe  me  to  be, 

"  Your  affectionate 

"JoHN  JAY." 


LIFE    OF   JOHN    JAY.  169 

"TO    MRS.    JAY. 

"  Rouen,  18th  Jan.,  1783. 
"  MY  DEAR  SALLY, 

"  A  little  letter  I  wrote  you  this  morning  contained  a 
promise  of  another  by  to-morrow's  p  st,  and  to  perform  it 
I  am  now  retired  to  my  room.  I  fear  your  expectations 
respecting  the  speedy  recovery  of  my  health  are  too  san 
guine.  As  I  lost  it  by  almost  imperceptible  degrees,  the 
restoration  of  it  will  doubtless  be  gradual,  and  I  shall  think 
myself  happy  if  I  regain  it  on  these  terms.  If  my  endeav 
ours  succeed,  I  shall  be  grateful ;  if  not,  I  shall  be  resigned. 
I  hope  you  will  always  consider  these  matters  in  their  true 
points  of  view,  and  not  permit  vain  hopes  or  causeless  fears 
to  distress  either  you  or  me.  The  more  easy  and  happy 
you  are,  the  more  I  shall  be  so  also,  and  consequently  the 
better  prospects  we  shall  both  have  of  future  health.  I  am 
better  than  when  I  left  you,  though  not  much.  The 
weather  has  been  and  still  is  very  unfavourable,  but  it  must 
change  soon,  and,  thank  God,  it  cannot  change  for  the 
worse. 

"  If  the  letter  from  the  marquis  came  by  the  post,  that  is, 
if  there  are  post-marks  on  the  cover,  send  it  to  me ;  if  not, 
keep  it  till  I  return ;  and  observe  the  same  rule  as  to  all 
other  letters  you  may  receive  for  me. 

"  This  town  is  daily  amused  with  contradictory  reports 
respecting  peace  ;  they  are  anxious  about  it,  and  with  rea 
son,  for  the  uncertainty  of  its  taking  place  holds  commerce 
suspended,  and  injures  the  mercantile  interest  greatly.  I 
am  pleased  with  this  city  and  the  people  of  it ;  they  are 
industrious  and  hospitable.  Their  manufactures  are  very 
considerable,  and  very  proper  for  our  country,  with  wfyom 
they  will  certainly  have  a  great  trade,  unless  it  be  fettered 
and  embarrassed  with  superfluous  regulations  and  ill-judged 
restrictions.  I  suspect  the  trade  of  this  country  stands  in 

V    L.  I. Z 


170  LIFE    OP   JOHN   JAY. 

need  of  revision  very  generally.     Kiss  our  little  girl  for 
me,  and  believe  me  to  be,  my  dear  Sally, 

"  Your  very  affectionate  husband, 

"JOHN  JAY." 

On  the  20th  January  the  negotiations  for  peace  between 
the  belligerent  powers  had  so  far  advanced  as  to  lead  their 
several  ministers  to  agree  to  a  suspension  of  hostilities. 

The  American  commissioners,  having  already  secured 
by  the  preliminary  articles  the  great  object  for  which  their 
country  had  contended,  were  now  desirous  of  placing  the 
future  commercial  intercourse  between  the  United  States 
and  Great  Britain  on  a  safe  and  permanent  footing,  by  the 
definitive  treaty  about  to  be  made. 

The  negotiations  on  this  subject  were,  however,  extremely 
dilatory,  and  were  ultimately  rendered  fruitless  by  the  fluc 
tuating  counsels  of  the  British  cabinet.  Mr.  Oswald  was 
recalled  soon  after  the  preliminary  articles  were  signed,  and 
it  was  not  till  the  ensuing  spring  that  Mr.  David  Hartly 
was  appointed  to  succeed  him.  This  interval  afforded  Mr. 
Jay  a  relaxation  from  public  affairs,  to  which  he  had  long 
been  a  stranger,  but  which  his  declining  health  prevented 
him  from  enjoying. 

"FROM  THOMAS  JEFFERSON. 

"  Philadelphia,  April  llth,  1783. 

"  DEAR  SIR, 

"  In  a  letter  which  I  did  myself  the  honour  of  writing  you 
by  the  Chevalier  DeChastellux,  I  informed  you  of  my  being 
at  this  place  with  an  intention  of  joining  you  in  Paris  ;  but 
the  uncommon  vigilance  of  the  enemy's  cruisers,  imme 
diately  after  the  departure  of  the  French  fleet,  deterred 
every  vessel  from  attempting  to  go  out.  The  arrival  of 
the  preliminaries  soon  after  showed  the  impropriety  of  my 
proceeding,  and  I  am  just  now  setting  out  on  my  return  to 
Virginia.  I  cannot,  however,  take  my  departure  without 


LIFE    OF   JOHN    JAY.  171 

paying  to  yourself  and  your  worthy  colleagues  my  homage 
for  the  good  work  you  have  completed  for  us,  and  con 
gratulating  you  on  the  singular  happiness  of  having  borne 
so  distinguished  a  part  both  in  the  earliest  and  latest  trans 
actions  of  this  revolution.  The  terms  obtained  for  us  are 
indeed  great,  and  are  so  deemed  by  your  countrymen,  a  few 
ill-designing  debtors  excepted.  I  am  in  hopes  you  will  con 
tinue  at  some  one  of  the  European  courts  most  agreeable 
to  yourself,  that  we  may  still  have  the  benefits  of  your 
talents.  Accept  my  warmest  wishes  for  your  happiness, 
and  be  assured  of  the  sincerity  with  which  I  have  the 
honour  to  be, 

"  Dear  sir, 
"  Your  most  obedient  and  humble  servant, 

"  TH.  JEFFERSON." 

The  hope  expressed  in  this  letter,  that  Mr.  Jay  would 
continue  at  one  of  the  European  courts,  was  likewise  enter 
tained  by  Congress,  who  on  the  1st  May  appointed  him,  in 
conjunction  with  Mr.  Adams  and  Dr.  Franklin,  a  com 
missioner  to  negotiate  a  treaty  of  commerce  with  Great 
Britain. 

He  had,  however,  already  formed  the  determination  to 
return  as  soon  as  duty  would  permit  to  his  native  country. 
The  court  of  Spain,  probably  regretting  the  opportunity 
she  had  lost  of  forming  a  connexion  with  the  new  States 
before  the  acknowledgment  of  their  independence,  was  now 
desirous  to  repair  the  error  she  had  committed,  and  accord 
ingly  invited  Mr.  Jay  to  Madrid,  to  renew  his  negotiations. 
This  invitation  he  did  not  feel  himself  at  liberty  to  decline, 
and  on  the  22d  April  he  thus  expressed  his  intentions  to  the 
secretary  of  foreign  affairs. 

"  After  the  definitive  treaties  are  finished,  I  hope  I  shall 
be  excused  in  trying  the  waters  of  Spa  or  Bath  (which  are 
recommended  to  me),  before  I  proceed  to  Spain.  What 
ever  may  be  their  effect,  I  shall  not  loiter  at  either  place. 


172  LIFE    OF   JOHN    JAY. 

After  my  business  at  Madrid  shall  be  finished,  I  wish  to 
devote  my  care  to  the  recovery  of  my  health,  and  the  con 
cerns  of  my  family,  which  must  greatly  interfere  with  the 
duties  of  my  commission.  Besides,  as  my  country  has 
obtained  her  object,  my  motives  for  entering  into  public 
life  are  at  an  end.  The  same  principles  which  drew  me 
from  the  private  station  I  formerly  occupied,  bid  me  to 
return  to  it.  Actions  are  the  only  sure  proofs  of  profes 
sions,  and  if  I  live,  mine  shall  not  want  that  evidence." 

It  having  been  rumoured,  that  he  was  to  be  appointed 
after  the  peace,  minister  to  England,  he  addressed  the 
secretary  for  foreign  affairs  on  the  subject.  "  It  cannot,  in 
my  opinion,  be  long  before  Congress  will  think  it  expedient 
to  name  a  minister  to  the  court  of  London.  Perhaps  my 
friends  may  wish  to  add  me  to  the  number  of  candidates 
for  that  office.  If  that  should  be  the  case,  I  request  the 
favour  of  you  to  declare  in  the  most  explicit  terms,  that  I 
view  the  expectations  of  Mr.  Adams  on  that  head  as 
founded  in  equity  and  reason.  He  deserves  well  of  his 
country,  and  is  very  able  to  serve  her.  I  do  in  the  most 
unequivocal  manner  decline  and  refuse  to  be  a  competitor 
with  that  faithful  servant  of  the  public,  for  the  place  in 
question." 

The  delicate  state  of  his  health  induced  him  to  abandon 
his  design  of  returning  to  Spain,  and  especially  as  he  fore 
saw  that  the  delays  attending  the  negotiation  of  the  defini 
tive  treaty  would  necessarily  detain  him  in  France  till  the 
ensuing  year.  In  a  letter  to  the  secretary  for  foreign  affairs, 
after  stating  these  considerations,  he  remarked,  "  As  you 
know  upon  what  principles  I  have  devoted  myself  to  the 
public  for  these  nine  years,  and  as  those  motives  would  be 
come  questionable,  if  after  the  war  I  did  not  return  to  a 
private  station,  I  hope  the  propriety  of  my  resolution  to 
resign  will  appear  manifest,  especially  when  to  these  con 
siderations  are  added  the  circumstances  of  certain  indi 
viduals  of  my  family,  whose  afflictions,  and  whose  relation 


LIFE    OF   JOHN    JAY.  173 

to  me,  give  them  the  strongest  claims   to   my  love   and 
attention.* 

"  Be  pleased,  sir,  to  present  to  Congress  my  warmest 
acknowledgments  for  the  marks  of  confidence  with  which 
they  have  honoured  me,  and  assure  them,  that  by  becoming 
a  private  citizen,  I  mean  not  to  retreat  from  any  duties 
which  an  American  owes  to  his  country." 

Paris  had  now  become  the  scene  of  extensive  and  im 
portant  negotiations,  which  were  soon  to  result  in  the  paci 
fication  of  both  Europe  and  America.  The  ministers  of 
Great  Britain,  France,  Spain,  Holland,  and  the  United 
States  of  America  were  assembled,  and  were  engaged  in 
adjusting  the  terms  of  the  several  treaties  of  peace.  The 
preliminaries  between  all  the  powers  except  Great  Britain 
and  Holland  were  settled  before  the  close  of  the  summer  ; 
and  there  is  no  small  reason  for  believing,  that  the  stern 
conditions  exacted  by  Britain  from  Holland  were  counte 
nanced  by  an  ally  in  whom  the  Dutch  had  reposed  un 
merited  confidence.  Holland  was  represented  in  the  con 
gress  at  Paris  by  two  ministers  ;  Mr.  Jay  obtained  a  copy 
of  their  instructions,  and  left  it  among  his  papers.  From 
this  document  it  appears  that  the  Duke  de  Vauguyon 
French  ambassador  at  the  Hague,  had  there  performed  a 
part  similar  to  that  acted  by  Count  Luzerne  at  Philadel 
phia  ;  and  that  through  his  representations  the  Dutch  minis 
ters  were  required  to  act  in  concert  with  the  French  court, 
and  "  to  make  confidential  communications  of  all  things  to 


These  instructions  were  certainly  less  humiliating  than 
those  obtained  by  Count  Luzerne  for  the  American  com 
missioners,  but  they  were  attended  with  more  disastrous 
consequences. 

Mr.  Adams,  in  a  letter  to  his  government  of  the  16th 
June,  speaking  of  the  difficulties  experienced  by  the  Dutch, 

*  His  blind  brother  and  sister. 


174  LIFE    OF    JOHN    JAY. 

remarked :  "  And  this  difficulty  probably  arises  from  the 
instructions  in  question,  by  which  they  made  themselves  of 
no  importance,  instead  of  acting  the  part  of  a  sovereign, 
independent,  and  respectable  power.  If  they  had  held  their 
own  negotiations  in  their  own  hands,  they  would  probably 
have  obtained  better  terms." 

The  suspicions  entertained  by  Mr.  Adams  in  June  were 
singularly  confirmed  in  August.  One  of  the  Dutch  ministers^ 
then  conversing  with  him  on  the  conduct  of  Vergennes, 
observed,  "He  certainly  deceived  me.  The  States  General 
did  very  wrong  to  bind  me  to  leave  so  much  to  the  French 
minister ;  but  I  thought  him  an  honest  man,  and  that  I  could 
trust  him,  so  I  left  things  to  him  according  to  my  instructions, 
depending  on  his  word,  and  at  last  I  found  myself  the  dupe."* 

"TO    ROBERT    R.    LIVINGSTON. 

"  [Private.] 

"  Passy,  19th  July,  1783. 

"  DEAR  ROBERT, 

"  Our  despatches  by  Barney  must  be  ready  the  day  after 
to-morrow.  The  many  letters  I  have  written  and  have 
still  to  write  by  him,  together  with  conferences,  company, 
<fec.  keep  me  fully  employed.  You  will,  therefore,  excuse 
my  not  descending  so  much  to  particulars  as  both  of  us 
indeed  might  wish.  As  little  that  passes  in  Congress  is  kept 
entirely  secret,  we  think  it  prudent  at  least  to  postpone  giv 
ing  you  a  more  minute  detail  than  you  have  already  received, 
of  the  reasons  which  induced  us  to  sign  the  provisional 
articles  without  previously  communicating  them  to  the 
French  minister.  For  your  private  satisfaction,  however, 
I  will  make  a  few  remarks  on  that  subject. 

"  Your  doubts  respecting  the  propriety  of  our  conduct  in 
that  instance  appear  to  have  arisen  from  the  following  cir 
cumstances,  viz. 

"  1st.  That  we  entertained  and  were  influenced  by  dis- 

*  Letter  of  Mr.  Adams  to  Sec.  for  Foreign  Affairs. — Dip.  Cor.  vii.  150. 


LIFE    OP   JOHN   JAY.  175 

trusts  and  suspicions  which  do  not  seem  to  you  to  have 
been  altogether  well  founded. 

"  2d.  That  we  signed  the  articles  without  previously  com 
municating  them  to  this  court. 

"  With  respect  to  the  first.  In  our  negotiation  with  the 
British  commissioner,  it  was  essential  to  insist  on,  and,  if 
possible,  obtain  his  consent  to  four  important  concessions. 

"  1st.  That  Britain  should  treat  with  us  as  being  what  we 
were,  viz.,  an  independent  people.  The  French  minister 
thought  this  demand  premature,  and  that  it  ought  to  arise 
from,  and  not  precede,  the  treaty. 

"  2d.  That  Britain  should  agree  to  the  extent  of  boundary 
we  claimed.  The  French  minister  thought  our  demands 
on  that  head  extravagant  in  themselves,  and  as  militating 
against  certain  views  of  Spain  which  he  was  disposed  to 
favour. 

"  3d.  That  Britain  should  admit  our  right  in  common  to 
the  fishery.  The  French  minister  thought  this  demand  too 
extensive. 

"  4th.  That  Britain  should  not  insist  on  our  reinstating 
the  tories.  The  French  minister  argued  that  they  ought  to 
be  reinstated. 

"  Was  it  unnatural  for  us  to  conclude  from  these  facts, 
that  the  French  minister  was  opposed  to  our  succeeding  on 
these  four  great  points,  in  the  extent  we  wished  ?  It  ap 
peared  evident,  that  his  plan  of  a  treaty  for  America  was 
far  from  being  such  as  America  would  have  preferred ; 
and  as  we  disapproved  of  his  model,  we  thought  it  impru 
dent  to  give  him  an  opportunity  of  moulding  our  treaty  by 
it.  Whether  the  minister  was  influenced  by  what  he  really 
thought  best  for  us,  or  by  what  he  really  thought  would  be 
best  for  France,  is  a  question  which,  however  easy  or  diffi 
cult  to  decide,  is  not  very  important  to  the  point  under 
consideration.  Whatever  his  motives  may  have  been,  cer 
tain  it  is  that  they  were  such  as  opposed  our  system ;  and 
as  in  private  life  it  is  deemed  imprudent  to  admit  opponents 


176  LIFE    OF   JOHN   JAY. 

to  full  confidence,  especially  respecting  the  very  matters  in 
competition,  so  in  public  affairs  the  like  caution  seems 
equally  proper. 

"  Secondly.  But  admitting  the  force  of  this  reasoning, 
why,  when  the  articles  were  completed,  did  we  not  communi 
cate  them  to  the  French  minister  before  we  proceeded  to 
sign  them  ?  For  the  following  reasons  : 

"  The  expectations  excited  in  England  by  LordShelburne's 
friends,  that  he  would  put  a  speedy  period  to  the  war,  made 
it  necessary  for  him  either  to  realize  those  expectations  or 
prepare  to  quit  his  place.  The  Parliament  being  to  meet 
before  his  negotiations  with  us  were  concluded,  he  found  it 
expedient  to  adjourn  it  for  a  short  term,  in  hopes  of  then 
meeting  it  with  all  the  advantages  that  might  be  expected 
from  a  favourable  issue  of  the  negotiation.  Hence  it  was 
his  interest  to  draw  it  to  a  close  before  that  adjournment 
should  expire  ;  and  to  obtain  that  end,  both  he  and  his  com 
missioner  became  less  tenacious  on  certain  points  than  they 
would  otherwise  have  been.  Nay,  we  have,  and  then  had, 
good  reason  to  believe,  that  the  latitude  allowed  by  the 
British  cabinet  for  the  exercise  of  discretion  was  exceeded 
on  that  occasion. 

"  I  must  now  remind  you  that  the  King  of  Great  Britain 
had  pledged  himself,  in  Mr.  Oswald's  commission,  to  con 
firm  and  ratify,  not  what  Mr.  Oswald  should  verbally  agree 
to,  but  what  he  should  formally  sign  his  name  and  affix  his 
seal  to. 

"  Had  we  communicated  the  articles,  when  ready  for 
signing,  to  the  French  minister,  he  doubtless  would  have 
complimented  us  on  the  terms  of  them ;  but,  at  the  same 
time,  he  would  have  insisted  on  our  postponing  the  signa 
ture  until  the  articles  then  preparing  between  France,  Spain, 
and  Britain  should  also  be  ready  for  signing — he  having 
often  intimated  to  us,  that  we  should  all  sign  at  the  same 
time  and  place. 

"  This  would  have  exposed  us  to  a  disagreeable  dilemma. 


LIFE    OF   JOHN   JAY.  177 

Had  we  agreed  to  postpone  signing  the  articles,  the  British 
cabinet  might,  and  probably  would,  have  taken  advantage 
of  it.  They  might,  if  better  prospects  had  offered,  have 
insisted  that  the  articles  were  still  res  infectce — that  Mr. 
Oswald  had  exceeded  the  limits  of  his  instructions — and, 
for  both  these  reasons,  that  they  conceived  themselves  still  at 
liberty  to  depart  from  his  opinions,  and  to  forbid  his  exe 
cuting,  as  their  commissioner,  a  set  of  articles  which  they 
could  not  approve  of. 

"  It  is  true  that  this  might  not  have  happened,  but  it  is 
equally  true  that  it  might ;  and  therefore  it  was  a  risk  of 
too  great  importance  to  be  run.  The  whole  business  would, 
in  that  case,  have  been  set  afloat  again ;  and  the  minister 
of  France  would  have  had  an  opportunity,  at  least,  of  ap 
proving  the  objections  of  the  British  court,  and  of  advising 
us  to  recede  from  demands  which  in  his  opinion  were  im 
moderate,  and  too  inconsistent  with  the  claims  of  Spain 
to  meet  with  his  concurrence. 

"  If,  on  the  other  hand,  we  had,  contrary  to  his  advice 
and  request,  refused  to  postpone  the  signing,  it  is  natural  to 
suppose  that  such  refusal  would  have  given  more  offence  to 
the  French  minister  than  our  doing  it  without  consulting 
him  at  all  about  the  matter. 

"  Our  withholding  from  him  the  knowledge  of  these  articles 
until  after  they  were  signed  was  no  violation  of  our  treaty 
with  France,  and  .therefore  she  has  no  room  for  complaint, 
on  that  principle,  against  the  United  States. 

"  Congress  had  indeed  made  and  published  a  resolution, 
not  to  make  peace  but  in  confidence  and  concurrence  with 
France. 

"So  far  as  this  resolution  declares  against  a  separate 
peace,  it  has  been  incontestably  observed ;  and,  admitting 
that  the  words  "  in  confidence  and  in  concurrence  with 
France"  mean  that  we  should  mention  to  the  French  min 
ister  and  consult  with  him  about  every  step  of  our  proceed 
ings,  yet  it  is  most  certain  that  it  was  founded  on  a  mutual 

VOL.  I. A  A 


178  LIFE    OF   JOHN    JAY. 

understanding  that  France  would  patronise  our  demands, 
and  assist  us  in  obtaining  the  objects  of  them.  France, 
therefore,  by  discouraging  our  claims,  ceased  to  be  entitled 
to  the  degree  of  confidence  respecting  them  which  was  spe 
cified  in  the  resolution. 

"  It  may  be  said,  that  France  must  admit  the  reasonable 
ness  of  our  claims,  before  we  could  properly  expect  that  she 
should  promote  them.  She  knew  what  were  our  claims 
before  the  negotiation  commenced,  though  she  could  only 
conjecture  what  reception  they  would  meet  with  from 
Britain.  If  she  thought  our  claims  extravagant,  she  may  be 
excusable  for  not  countenancing  them  in  their  full  extent ; 
but  then  we  ought  also  to  be  excused  for  not  giving  her  the 
full  confidence  on  those  subjects,  which  was  promised  on 
the  implied  condition  of  her  supporting  them. 

"But  Congress  positively  instructed  us  to  do  nothing 
without  the  advice  and  consent  of  the  French  minister,  and 
we  have  departed  from  that  line  of  conduct.  This  is  also 
true  ;  but  then  I  apprehend  that  Congress  marked  out  that 
line  of  conduct  for  their  own  sake,  and  not  for  the  sake  of 
France.  The  object  of  that  instruction  was  the  supposed 
interest  of  America,  and  not  of  France ;  and  we  were 
directed  to  ask  the  advice  of  the  French  minister,  because 
it  was  thought  advantageous  to  our  country  that  we  should 
receive  and  be  governed  by  it.  Congress  only,  therefore, 
have  a  right  to  complain  of  our  departure  from  the  line  of 
that  instruction. 

"  If  it  be  urged  that  confidence  ought  to  subsist  between 
allies,  I  have  only  to  remark  that,  as  the  French  minister 
did  not  consult  us  about  his  articles,  nor  make  us  any  com 
munication  about  them,  our  giving  him  as  little  trouble 
about  ours  did  not  violate  any  principle  of  reciprocity. 

"  Our  joint  letter  to  you  by  Captain  Barney  contains  an 
explanation  of  our  conduct  respecting  the  separate  article. 

"  I  proceed  now  to  your  obliging  letter  of  the  1st  May,, 
for  which  I  sincerely  thank  you. 


LIFE    OF   JOHN   JAY,  179 

*'  This  will  probably  find  you  at  Claremont.  I  consider 
your  resignation  as  more  reconcilable  to  your  plan  and 
views  of  happiness,  than  to  the  public  good.  The  war  may 
be  ended,  but  other  difficulties  of  a  serious  nature  remain, 
and  require  all  the  address  and  wisdom  of  our  best  men  to 
manage. 

"  As  Benson  informed  you  that  my  family  had  no  present 
occasion  for  supplies  from  me,  I  am  more  easy  on  that  head 
than  I  have  been.  I  have  some  fear,  however,  that  they 
may  rather  have  been  influenced  to  decline  my  offers  by 
delicacy  with  respect  to  me,  than  by  the  ease  of  their  cir 
cumstances.  I  wish  you  would  take  an  opportunity  of 
talking  freely  with  my  brother  Peter  on  this  subject.  As 
sure  him  that  it  would  distress  me  greatly  were  he,  or 
indeed  any  of  the  family,  to  experience  embarrassments  in 
my  power  to  obviate.  He  may  share  with  me  to  the  last  shil 
ling  ;  and  so  may  Nancy,  about  whom,  until  within  a  day 
or  two,  I  had  been  very  uneasy.  Tell  them  and  Frederick 
that  I  mean,  if  God  pleases,  to  return  next  spring ;  and  that 
one  of  the  greatest  blessings  of  my  life  will  be,  that  of  ren 
dering  it  subservient  to  their  ease  and  welfare.  I  write  to 
Frederick  by  this  opportunity,  and  authorize  him  to  draw 
upon  me  for  £150,  York  money,  to  be  divided  between  the 
three.  If,  on  conversing  with  Peter,  you  should  find  it  to  be 
more  convenient  to  him,  be  pleased  to  supply  it,  and  draw 
upon  me  for  the  amount  at  thirty  days'  sight. 

"  I  have  lately  heard  of  Mr.  Kissam's  death.  It  affected 
me  much.  He  was  a  virtuous  and  agreeable  man,  and  I 
owed  him  many  obligations. 

"  Thinking  of  Mr.  Kissam's  family  calls  to  my  mind  the 
fate  of  the  tories.  As  far  as  I  can  learn,  the  general  opinion 
in  Europe  is,  that  they  have  reason  to  complain,  and  that 
our  country  ought  to  manifest  magnanimity  with  respect  to 
them.  Europe  neither  knows  nor  can  be  made  to  believe 
what  inhuman,  barbarous  wretches  the  greater  part  of  them 
have  been,  and  therefore  is  disposed  to  pity  them  more  than 


180  LIFE    OF   JOHN    JAY. 

they  deserve.  I  hope,  for  my  part,  that  the  States  will 
adopt  some  principle  of  deciding  on  their  cases,  and  that  it 
will  be  such  a  one  as,  by  being  perfectly  consistent  with 
justice  and  humanity,  may  meet  with  the  approbation,  not 
only  of  dispassionate  nations  at  present,  but  also  of  dispas 
sionate  posterity  hereafter.  My  opinion  would  be,  to  par 
don  all  except  the  faithless  and  the  cruel,  and  publicly  to 
declare  that  by  this  rule  they  should  be  judged  and  treated. 
Indiscriminate  severity  would  be  wrrong  as  well  as  unbe 
coming  ;  nor  ought  any  man  to  be  marked  out  for  ven 
geance  merely  because,  as  King  James  said,  he  would  make 
a  bonnie  traitor.  In  short,  I  think  the  faithless  and  cruel 
should  be  banished  for  ever,  and  their  estates  confiscated  ; 
it  is  just  and  reasonable.  As  to  the  residue,  who  have 
either  upon  principle  openly  and  fairly  opposed  us,  or  who, 
from  timidity,  have  fled  from  the  storm  and  remained  inoffen 
sive,  let  us  not  punish  the  first  for  behaving  like  men,  nor 
be  extremely  severe  to  the  latter  because  nature  had  made 
them  like  women. 

"  I  send  you  a  box  of  plaster  copies  of  medals.  If  Mrs. 
Livingston  will  permit  you  to  keep  so  many  mistresses, 
reserve  the  ladies  for  yourself,  and  give  the  philosophers 
and  poets  to  Edward. 

"  Now  for  our  girls  ;  I  congratulate  you  on  the  health 
of  the  first,  the  birth  of  the  second,  and  the  promising  ap 
pearance  of  both.  I  will  cheerfully  be  godfather  to  the 
latter :  what  is  her  name  ? 

"  Our  little  one  is  doing  well.  If  people  in  heaven  see 
what  is  going  on  here  below,  my  ancestors  must  derive 
much  pleasure  from  comparing  the  circumstances  attending 
the  expulsion  of  some  of  them  from  this  country,  with  those 
under  which  my  family  has  been  increased  in  it. 

"  Since  my  removal  to  this  place,  where  the  air  is  re 
markably  good,  the  pain  in  my  breast  has  abated,  and  I 
have  now  no  fever.  Mrs.  Jay  is  tolerably  well.  Assure 


LIFE    OF   JOHN    JAY.  181 

Mrs.  Livingston  and  our  other  friends  with  you  of  our 
regard. 

"  I  am,  your  affectionate  friend, 

"JOHN  JAY." 

In  the  month  of  August,  the  negotiations  between  Mr. 
Hartley  and  the  American  commissioners  terminated  in 
an  agreement  to  adopt  the  preliminary  articles  for  the 
definitive  treaty  of  peace.  France  and  Spain  had,  by  this 
time,  both  settled  their  respective  terms  of  peace,  and  the 
3d  of  September  was  appointed  for  signing  the  several 
treaties.  On  that  day  Mr.  Jay  had  the  gratification,  in 
conjunction  with  his  colleagues,  of  putting  his  name  to  an 
instrument  that  successfully  closed  the  arduous  contest, 
in  which  he  had  embarked  at  the  first  summons  of  his 
country,  and  in  which  he  had  zealously  persevered  at 
every  hazard. 

As  the  public  concerns  no  longer  required  his  presence 
in  France,  he  resolved  to  try  the  efficacy  of  the  Bath  waters 
in  restoring  his  health.  Leaving  his  family  in  France,  he 
repaired  early  in  October  to  London,  where  he  was  almost 
immediately  taken  seriously  ill.  After  a  month's  detention, 
he  was  able  to  proceed  to  Bath,  and  had  the  happiness  to 
experience  very  essential  benefit  from  the  waters.  In  the 
ensuing  January  he  returned  to  Paris  with  a  large  accession 
of  health. 

A  letter  written  while  at  Bath  to  his  friend  Mr. 
Benson  in  America,  discloses  an  amiable  trait  in  his 
character.  "  If  my  old  mare  is  alive,  I  must  beg  of  you 
and  my  brother  to  take  very  good  care  of  her.  I  mean  that 
she  should  be  well  fed  and  live  idle,  unless  my  brother  Peter 
should  choose  to  use  her.  If  it  should  be  necessary  to 
advance  money  to  recover  her,  I  am  content  you  should  do 
so,  even  to  the  amount  of  double  her  value.  Draw  upon 
me  for  what  may  be  necessary  for  this  purpose."  This 
mare  had  been  given  to  him  by  his  father,  and  had  been 


182  LIFE    OP   JOHN  'JAY. 

carried  off  by  a  party  of  marauders  who,  in  the  then 
unsettled  state  of  the  country,  had  plundered  his  father's 
family. 

1784.]  From  Mr.  Jay's  return  from  England,  to  his 
departure  in  the  spring  for  America,  his  time  was  but  little 
occupied  by  public  affairs,  and  this  circumstance,  together 
with  his  improved  health,  and  the  honourable  result  of  the 
important  negotiation  in  which  he  had  been  engaged,  tended 
to*  render  the  remaining  months  of  his  residence  in  France 
peculiarly  agreeable.  He  had  now  leisure  to  enjoy  the 
polished  and  elevated  society  in  which  he  moved  ;  and  for 
the  first  time  for  many  years,  he  found  himself  relieved  from 
anxiety  and  responsibility.  But  his  present  situation, 
however  gratifying,  could  not  divert  his  thoughts  and 
wishes  from  his  native  country.  His  letters  bear  witness 
to  his  strong  desire  to  return  home  without  delay,  and 
to  his  mortification  at  being  obliged  to  postpone  his  de 
parture. 

Congress  had  appointed  an  accomptant  in  Europe  (Mr. 
Barclay)  to  audit  and  settle  the  accounts  of  their  ministers 
abroad.  Mr.  Jay  had  been  engaged  in  large  pecuniary 
transactions  for  the  public ;  and  no  considerations  could 
induce  him  by  an  immediate  return  to  America  to  furnish 
grounds  for  a  suspicion,  that  he  wished  to  evade  or  post 
pone  a  settlement  of  his  accounts.  His  secretary  Mr.  Car- 
michael  had  been  left  in  Spain  as  charge  des  affaires,  and 
that  gentleman  had  in  his  possession  all  the  vouchers 
respecting  the  public  receipts  and  expenditures.  It  was 
necessary  that  these  vouchers  should  be  brought  to  Paris 
before  a  settlement  could  be  effected  with  Mr.  Barclay. 
But  Mr.  Carmichael,  although  earnestly  urged  by  Mr.  Jay, 
refused  to  leave  Spain  unless  ordered  to  do  so  by  Congress. 
Mr.  Jay  now  found  himself  under  the  mortifying  necessity 
of  writing  to  Congress  for  an  order  requiring  Mr.  Car- 
michael's  attendance  at  Paris,  and  of  delaying  1  is  return 
to  America  till  that  order  had  been  received  and  obeyed. 


LIFE    OF   JOHN   JAY.  183 

The  order  was  granted,  and  Mr.  Carmichael  attended ;  but 
in  consequence  of  this  delay,  it  was  not  till  the  month  of 
May  that  he  found  himself  in  a  capacity  to  leave  Europe 
with  propriety.  Having  settled  all  his  accounts  with  Mr. 
Barclay,  he  departed  from  Paris  with  his  family  on  the  16th 
May  for  Dover,  where  he  embarked  on  board  an  American 
vessel  for  New- York. 


CHAPTER  VII. 

1784-88. 

Mr.  Jay  lands  in  New- York — Presented  with  the  Freedom  of  the  City — Ap 
pointed  Delegate  to  Congress — Accepts  the  Office  of  Secretary  for  Foreign 
Affairs — Notice  of  the  first  Voyage  made  by  an  American  Vessel  to  China 
— He  declines  being  a  Candidate  for  Governor — Spanish  Negotiation  re 
sumed  in  New-York — He  proposes  to  Congress  a  Naval  Establishment — 
His  Controversy  with  Littlepage — Elected  President  of  Manumission 
Society — His  Sentiments  and  Conduct  respecting  Slavery — Difficulties 
attending  the  Spanish  Negotiation — Mr.  Jay's  Report  on  the  Infractions 
of  the  Treaty  of  Peace — His  Sentiments  on  the  Insufficiency  of  the  Con 
federation — Letters  on  the  Subject — Attends  General  Convention  of  the 
Episcopal  Church — Measures  leading  to  the  Formation  of  the  present  Fede 
ral  Government — Mr.  Jay  engages  in  writing  the  Federalist. — Wounded 
in  endeavouring  to  suppress  a  Mob — Writes  an  Address  in  behalf  of  the 
new  Constitution — Elected  to  the  New-York  Convention — Proceedings  of 
the  Convention. 

MR.  JAY  landed  at  New-York  on  the  24th  July.  When 
we  recollect  the  objects  which  called  him  abroad,  the  various 
and  trying  scenes  through  which  he  had  passed,  and  the 
circumstances  under  which  he  now  returned  to  his  country, 
we  can  readily  sympathize  in  the  warmth  with  which  he 
announced  his  arrival  in  a  letter  to  a  friend.  "  At  length, 
my  good  friend,  I  am  arrived  at  the  land  of  my  nativity ; 


184  LIFE    OF   JOHN    JAY. 

and  I  bless  God  that  it  is  also  the  land  of  light,  liberty,  and 
plenty.     My  emotions  cannot  be  described." 

The  feelings  with  which  he  was  greeted  by  his  fellow- 
citizens  may  be  inferred  from  an  address  presented  to  him 
by  the  corporation  of  the  city  of  New- York,  accompanied 
by  the  freedom  of  the  city  in  a  gold  box. 

"  To  the  honourable  JOHN  JAY,  Esquire,  late  one  of  the 
ministers  plenipotentiary  of  the  United  States  of  America 
for  negotiating  a  peace. 

"  SIR, 

"  Be  pleased  to  accept  the  congratulations  of  the  Mayor, 
Aldermen,  and  Commonalty  of  the  city  of  New- York,  on 
your  safe  return  to  the  place  of  your  nativity. 

"  The  revolution,  which  hath  secured  our  liberties  and 
independence,  will  not  be  more  celebrated  for  the  illustrious 
events  which  have  marked  its  progress,  than  for  the  roll  of 
statesmen  and  heroes  by  whose  wisdom  and  valour,  under 
the  Divine  favour,  it  hath  been  established  on  the  most 
solid  basis. 

Among  these  worthy  patriots  you,  sir,  are  highly  distin- 
tinguished.  In  our  own  convention,  in  our  first  seat  of  jus 
tice,  as  a  member  and  as  president  of  the  United  States  in 
Congress  assembled,  and  as  a  minister  plenipotentiary  both 
in  Spain  and  France, — you  have  executed  the  important 
trusts  committed  to  you  with  wisdom,  firmness,  and  integ 
rity,  and  have  acquired  universal  applause. 

"While  you  thus  possess  the  national  confidence  and 
esteem  for  a  series  of  eminent  services,  we,  your  fellow- 
citizens,  feel  a  singular  pleasure  in  embracing  this  oppor 
tunity  to  present  you  with  the  freedom  of  your  native  city, 
as  a  public  testimony  of  the  respectful  sentiments  we  enter 
tain  towards  you,  and  as  a  pledge  of  our  affection,  and  of 
our  sincere  wishes  for  your  happiness." 


LIFE    OF   JOHN   JAY.  185 


"FROM  R.  R.  LIVINGSTON. 

"  Claremont,  30th  July,  1784. 

"  Permit  me,  my  dear  friend,  to  congratulate  you  on  your 
return  to  your  native  shore,  and  to  the  friendly  embraces  of 
those  who  love  you  in  every  situation  in  which  you  have 
been  or  can  be  placed.  My  impatience  to  see  you  led  me 
to  New- York  about  three  weeks  since,  where,  from  the  time 
you  had  set  for  sailing,  I  thought  it  probable  that  you  must 
have  arrived  before  this.  An  unfortunate  accident  which  has 
happened  to  my  eldest  daughter,  who  a  few  days  ago  broke 
her  arm,  obliges  me  to  send  you  these  cold  expressions  of 
my  friendship,  rather  than  comply  with  my  wishes  in  offer 
ing  them  and  receiving  yours,  in  person.  Having,  as  I  hope, 
concluded  my  political  career,  I  have  no  other  wish  left  but 
that  of  spending  the  remainder  of  my  life  with  those  who 
have  contributed  so  much  to  the  happiness  of  its  gayest 
period.  Whether  you  entertain  the  same  moderate  wishes, 
whether  you  content  yourself  with  the  politics  of  this  State, 
or  whether  you  will  engage  in  the  great  field  that  Congress 
have  again  opened  to  you,  I  shall  still  have  the  consolation 
to  reflect  that  seas  do  not  roll  between  us,  that  I  may  some 
times  see  you,  and  frequently  hear  from  you.  If  you  are 
not  cured  of  your  ambition,  you  have  every  thing  to  hope 
for  both  in  the  State  and  Continental  line.  I  need  not  tell 
you,  that  I  only  wish  to  know  your  objects  that  I  may  con 
cur  in  them. 

"  Believe  me,  dear  John, 
"  Most  sincerely  and  warmly  your  friend, 

"  R.  R.  LIVINGSTON." 

"  TO  R.  R.  LIVINGSTON. 

"  New-York,  18th  Aug.,  1784. 

"  Your  kind  letter  of  the  30th  ult.  was  delivered  to  me 
yesterday  by  Mr.  Lewis.  I  thank  you  very  sincerely  for 
your  friendly  congratulations  on  my  return,  and  assure  yeu 

VOL.  I. B  B 


186  LITE    OP   JOHN   JAY. 

that  among  the  pleasures  I  have  long  promised  myself  from 
it,  that  of  renewing  our  former  intercourse  and  correspond 
ence  is  not  the  least.  I  lament  the  unfortunate  accident 
which  has  happened  to  your  oldest  daughter,  and  which  has 
deprived  me  of  the  satisfaction  of  meeting  you  here. 

"  I  have  had,  and  have,  so  many  applications  about  papers 
and  business,  respecting  causes  in  which  I  was  formerly 
concerned,  that  I  shall  be  obliged  to  pass  a  fortnight  or 
three  weeks  here.  When  it  will  be  in  my  power  to  pay  you 
a  visit  is  uncertain.  I  consider  it  as  a  pleasure  to  come,  and 
shall  endeavour  to  realize  it  as  soon  as  possible. 

"  When  I  resigned  my  appointments  in  Europe,  I  purposed 
to  return  to  the  practice  of  the  law ;  what  effect  the  unex 
pected  offer  of  Congress  (of  which  I  was  ignorant  until  after 
my  arrival  here)  may  have  on  that  design  as  yet  remains 
undecided.  How  far  either  of  us  have  been,  or  may  be, 
under  the  influence  of  ambition  are  questions  which,  how 
ever  clear  to  ourselves,  must  necessarily  be  less  so  to  others. 

"Present  my  affectionate  compliments  to  your  mother 
and  Mrs.  Livingston.  Remember  me  to  all  the  family. 

"  Yours,  sincerely, 

"JoHN  JAY." 

Although  it  had  been  the  wish  and  intention  of  Mr.  Jay 
to  resume  his  profession,  his  country  still  claimed  his 
services.  The  offer  of  Congress  above  alluded  to  was  his 
appointment  to  the  office  of  secretary  for  foreign  affairs, 
before  his  departure  from  France.  This  office  had  been 
established  in  1781,  and  was  unquestionably  the  most 
responsible  and  important  civil  office  under  the  confedera 
tion.  The  whole  foreign  correspondence  of  the  nation,  as 
well  as  that  between  the  general  and  State  governments, 
was  conducted  by  the  secretary.  It  was  his  duty  to  make 
reports  to  Congress  on  all  subjects  submitted  by  them  to  his 
consideration,  and  also  to  prepare  plans  of  treaties,  and 
instructions  to  ministers  abroad.  He  was  entitled  to  attend 


LIFE    OF   JOHN   JAY.  187 

the  meetings  of  Congress,  which  then  sat  with  closed  doors, 
and  to  communicate  to  that  body  whatever  information  he 
might  think  proper.  This  office  was  first  filled  by  Chancel 
lor  Livingston  of  New- York,  and  was  resigned  by  him  in 
December,  1782.  At  the  request  of  Congress,  he  however 
consented  to  discharge  its  duties  till  a  successor  should  be 
appointed ;  but  no  such  appointment  being  made,  he  left 
the  office  in  June,  1783.  The  delay  of  Congress  arose 
from  the  difficulty  they  experienced  in  making  a  satisfac 
tory  selection.  A  day  for  going  into  the  election  was  fixed 
no  less  than  five  times,  and  the  election  was  as  many  times 
postponed.  Twice  the  election  was  attempted,  but  no 
choice  was  made.  On  the  7th  of  May,  1784,  as  appears 
from  the  journals,  Congress  received  a  letter  from  Dr. 
Franklin,  informing  them  that  Mr.  Jay  expected  to  leave 
France  in  April.  This  intelligence  seems  to  have  relieved 
them  from  their  embarrassment ;  for  the  same  day  they 
elected  him  to  the  vacant  office. 

When  Mr.  Jay  first  entered  into  public  life,  he  had  pro 
fessed  to  be  actuated  solely  by  a  desire  to  promote  the  inde 
pendence  of  his  country.  When  that  object  was  attained, 
consistency  (in  his  opinion)  required  him  to  descend  from 
the  station  to  which  he  had  been  elevated.  He  accordingly 
resigned  his  commissions  as  minister  plenipotentiary  to 
Spain,  and  minister  for  negotiating  commercial  treaties  in 
Europe ;  and  returned  to  his  country  a  private  citizen,  neither 
enriched  by  her  favours  nor  sharing  in  her  government 
But  no  principle  of  consistency  required  him  to  remain  in 
private  life.  On  the  contrary,  he  had  before  his  return 
expressly  declared,  "  that  should  he  find  it  his  duty  to  devote 
more  of  his  time  to  the  public,  they  should  have  it."  He 
was  not  therefore  deterred  by  any  scruples  of  propriety 
from  immediately  accepting  the  place  now  tendered  to  him : 
his  hesitation  arose  from  other  considerations.  It  was 
necessary  that  the  secretary  should  be  in  constant  attend 
ance  on  Congress,  and  that  body  now  sat  at  Trenton.  The 


188  LIFE    OF   JOHN   JAY. 

circumstances  of  the  country  no  longer  exacted  the  sacri 
fice  of  private  interests  and  social  affections,  and  Mr.  Jay 
could  not  consent  immediately  to  remove  again  to  a  dis 
tance  from  his  near  and  affectionate  relatives,  nor  longer  to 
omit  that  attention  to  his  property  which  prudence  required. 
Fully  aware  of  the  importance  of  secrecy  in  diplomatic 
affairs,  he  was  moreover  unwilling  to  assume  the  responsi 
bilities  of  the  office,  unless  by  being  permitted  to  select  his 
own  clerks,  he  could  be  well  assured  of  their  fidelity ;  but 
Congress  had  hitherto  thought  proper  to  retain  the  appoint 
ment  of  the  clerks  in  this  office  in  their  own  hands.  Con 
gress  were  not  in  session  at  the  time  of  his  arrival,  nor 
were  they  to  convene  till  the  1  st  of  November ;  and  hence 
it  remained  undetermined  for  some  months,  whether  such 
arrangements  would  be  made  as  might  in  his  opinion  render 
it  proper  for  him  to  accept  the  place  in  question. 

In  the  mean  time  the  State  Legislature  met  and  appointed 
him  one  of  their  delegates  to  Congress ;  thus  seizing  the 
first  opportunity  of  manifesting  their  continued  confidence 
in  his  abilities  and  patriotism. 

On  Mr.  Jay's  return,  he  was  pressed  by  the  Baron  de 
Steuben  to  accept  an  honorary  membership  of  the  Cin 
cinnati  ;  he  answered  that  he  was  neither  young  enough 
nor  old  enough  to  desire  that  honour.  He  disapproved  of 
the  society,  thinking  it  inconsistent  with  propriety  and 
delicacy  for  the  members  to  bestow  upon  themselves 
honorary  badges  and  distinctions. 

Before  he  took  his  seat  in  Congress  his  interest  was 
solicited  in  behalf  of  a  gentleman  to  whom  he  was  personally 
friendly.  His  reply  exhibits  the  principles  which  governed 
him  in  the  exercise  of  official  patronage. 

"  DEAR  SIR, 

"  I  have  been  favoured  with  yours  on  the  subject  of 's 

appointment  to  the  vice-consulship  of  Marseilles.  It  is  a 
rule  with  me  never  to  give  a  decided  opinion  or  promise 


LIFE    OF   JOHN   JAY.  189 

respecting  matters  of  this  sort,  when  there  is  a  probability 
of  my  being  concerned  with  others  in  a  final  determination 
on  them,  because  joint  measures  should  result  from  joint 
counsels.  Whatever  questions  may  arise  in  Congress  about 
this  matter,  I  mean  to  keep  myself  perfectly  at  liberty  to 
decide  thereon  in  such  manner  as  may  appear  to  me  most 
conducive  to  the  public  good." 

% 

The  session  of  Congress  at  Trenton  proved  a  short  one. 
The  place  was  found  inconvenient,  and  on  the  23d  of 
December  Congress  adjourned  to  New- York,  which  it  was 
determined  should  be  its  future  seat. 

This  determination,  together  with  the  permission  granted 
to  him  to  select  his  own  clerks,  induced  Mr.  Jay  to  accept 
the  office  of  secretary  for  foreign  affairs,  and  he  immediately 
entered  upon  its  duties. 

1785.]  As  the  office  for  foreign  affairs  had  remained 
two  years  without  a  head,  its  business  had  so  accumulated 
as  to  require  for  some  time  the  unremitted  attention  and 
labour  of  the  new  secretary.  The  inconvenient  and  ineffi 
cient  form  of  government  established  by  the  articles  of 
confederation  rendered  this  office  peculiarly  burdensome. 
Congress  united  in  itself  the  whole  legislative  and  executive 
power  of  the  confederacy ;  hence  its  officers,  with  few 
exceptions,  were  merely  ministerial.  The  secretary  was 
the  organ  of  communication  with  Congress  on  all  subjects 
relating  to  foreign  affairs,  and  many  others.  The  official 
letters  received  by  him  were  forwarded  to  the  president, 
who  laid  them  before  Congress,  by  whom  they  were  usually 
referred  back  to  the  secretary  to  report  what  notice  it  would, 
in  his  opinion,  be  proper  to  take  of  them.  The  secretary 
accordingly  sent  his  report  to  the  president,  advising  the 
passage  of  a  resolution,  the  draught  of  which  he  transmitted, 
or  an  order  of  Congress  directing  him  to  return  the  answer 
which  accompanied  his  report.  This  report  was  referred 


190  LIFE    OF   JOHN   JAY. 

to  a  committee,  who  generally  made  the  secretary's  report 
their  own,  and  an  order  was  passed  giving  him  the  neces 
sary  directions. 

"TO  J.  1*0 WELL. 

"  Office  for  Foreign  Affairs,  ) 
10th  May,  1785.          } 

"DEAR    SlR, 

"  I  have  been  favoured  with  your  obliging  letter  of  the 
18th  March,  and  should  sooner  have  thanked  you  for  it,  had 
not  a  variety  of  matters  concurred  in  constraining  me  to 
postpone  that  pleasure  till  now. 

"  My  endeavours,  I  assure  you,  shall  not  be  wanting  to 
put  the  affair  of  Mr.  Saderstrom  in  such  a  train,  as  that  it 
may  be  terminated  to  the  satisfaction  both  of  that  gentleman 
and  of  his  creditors. 

"  The  report  on  his  case  was  entirely  dictated  by  public 
considerations ;  for  considering  the  feeble  state  of  our  federal 
government,  it  appeared  to  me  highly  expedient  that  its 
tone  should  not  only  be  prevented  from  becoming  more 
relaxed,  but  that  it  should  be  invigorated  in  every  manner 
and  degree  which  our  union  and  general  interest  might 
require,  and  a  due  regard  to  our  constitutions  and  equal 
rights  permit. 

"  It  is  my  first  wish  to  see  the  United  States  assume  and 
merit  the  character  of  ONE  GREAT  NATION,  whose  territory 
is  divided  into  different  States  merely  for  more  convenient 
government,  and  the  more  easy  and  prompt  administration 
of  justice  ;  just  as  our  several  States  are  divided  into  coun 
ties  and  townships  for  the  like  purposes. 

"  Until  this  be  done,  the  chain  which  holds  us  together 
will  be  too  feeble  to  bear  much  opposition  or  exertion,  and 
we  shall  be  daily  mortified  by  seeing  the  links  of  it  giving 
way  and  calling  for  repair,  one  after  another. 

"  Accept  my  sincere  acknowledgments  for  the  very 
obliging  terms  in  which  you  mention  my  appointment  to 


LIFE   OP   JOHN   JAY.  191 

the  office  I  now  hold,  and  be  assured  of  the  esteem  and 
regard  with  which 

"  I  am,  dear  sir, 

"  Your  most  obedient  and 

"  Very  humble  servant, 

"JOHN  JAY." 

The  case  alluded  to  in  the  foregoing  letter  was  that  of 
a  Swedish  consul,  against  whose  recognition  by  Congress  a 
remonstrance  had  been  presented  by  his  creditors,  from  an 
apprehension  that  an  exequatur  would  protect  him  from 
arrest.  The  subject  was  referred  to  the  secretary,  who 
recommended  a  resolution  declaring  that  all  consuls  in  the 
United  States  were  amenable  to  the  laws  for  the  offences 
they  might  commit,  or  the  debts  they  might  owe. 

"  FROM    ROBERT    MORRIS. 

"Philadelphia,  May  19th,  1785. 

"  DEAR  SIR, 

"On  my  return  here  I  found  your  obliging  letter  of  the  13th, 
which  arrived  during  my  absence.  Our  ship  from  China 
does  tolerably  well  for  the  concerned ;  she  has  opened  new 
objects  to  all  America.  A  mandarin  signs  a  passport  for 
all  European  ships,  directed  to  the  commanders  of  two  of 
the  emperor's  forts  on  the  river  of  Canton,  nearly  in  the  fol 
lowing  words : — '  Permit  this  barbarian  boat  to  pass  ;  she 
has  guns  and  men,  consequently  can  do  the 

emperor  no  harm.'  If  the  government  of  America  could 
concentre  the  force  of  the  country  in  any  one  point  when 
occasion  required,  I  think  our  mandarins  might  grant 
similar  passports  to  the  rest  of  the  world. 

"  I  beg  my  compliments  to  the  ladies,  and  am,  with  warm 
attachment, 

"  Dear  sir, 
"  Your  obedient  and  humble  servant, 

"ROBERT  MORRIS." 


192  LIFE    OF   JOHN   JAY. 

The  vessel  mentioned  by  Mr.  Morris  was  the  ship 
Empress  ;  the  first  ever  sent  from  the  United  States  to 
China.  So  important  was  this  enterprise  deemed,  that  an 
official  account  of  the  voyage  was  addressed  by  the  super 
cargo  to  the  secretary,  who  laid  it  before  Congress,  and 
that  body  passed  a  resolution  expressing  their  satisfaction 
at  this  successful  attempt  to  establish  a  direct  trade  with 
China.  The  account  of  this  voyage  forms  an  interesting 
item  in  the  early  history  of  American  commerce. 

"TO    JOHN    JAY. 

"New-York,  19th  May,  1785. 

"  SIR, 

"  The  first  vessel  that  has  been  fitted  out  by  the  inhabitants 
of  the  United  States  of  America,  for  essaying  a  commerce 
with  those  of  the  empire  of  China,  being  by  the  favour  of 
Heaven  safe  returned  to  this  port,  it  becomes  my  duty  to 
communicate  to  you,  for  the  information  of  the  fathers  of 
the  country,  an  account  of  the  reception  their  citizens  have 
met  with,  and  the  respect  with  which  their  flag  has  been 
treated  in  that  distant  region  ;  especially  as  some  circum 
stances  have  occurred  which  had  a  tendency  to  attract  the 
attention  of  the  Chinese  towards  a  people  of  whom  they 
have  hitherto  had  but  very  confused  ideas,  and  which 
served  in  a  peculiar  manner  to  place  the  Americans  in 
a  more  conspicuous  point  of  view  than  has  commonly 
attended  the  introduction  of  other  nations  into  that  ancient 
and  extensive  empire. 

"  The  ship  employed  on  this  occasion  is  about  three  hun 
dred  and  sixty  tons  burden,  built  in  America,  and  equipped 
with  forty-three  persons,  under  the  command  of  John  Green, 
Esq.  The  subscriber  had  the  honour  of  being  appointed 
agent  for  their  commerce,  by  the  gentlemen  at  whose  risk 
this  first  experiment  has  been  undertaken. 

"On  the  22d  February,  1784,  the  ship  sailed  from  New- 
York,  and  arrived  the  21st  March  at  St.  Jago,  the  principal 


LIFE    OF   JOHN   JAY.  193 

of  the  Cape  de  Verd  islands.  Having  paid  our  respects  to 
the  Portuguese  viceroy,  and  with  his  permission  taken  such 
refreshments  as  were  necessary,  we  left  those  islands  on  the 
27th,  and  pursued  our  voyage.  After  a  pleasant  passage, 
in  which  nothing  extraordinary  occurred,  we  came  to 
anchor  in  the  straits  of  Sunda  on  the  18th  July.  It  was 
no  small  addition  to  our  happiness  on  this  occasion  to  meet 
there  two  ships  belonging  to  our  good  allies  the  French. 
The  commodore,  Monsieur  D'Ordelin,  and  his  officers  wel 
comed  us  in  the  most  affectionate  manner ;  and  as  his  own 
ship  was  immediately  bound  to  Canton,  gave  us  an  invita 
tion  to  go  in  company  with  him.  This  friendly  offer  we 
most  cheerfully  accepted,  and  the  commodore  furnished 
us  with  his  signals  by  day  and  night,  and  added  such 
instructions  for  our  passage  through  the  Chinese  seas  as 
would  have  been  exceedingly  beneficial  had  any  unfor 
tunate  accident  occasioned  our  separation.  Happily,  we 
pursued  our  route  together.  On  our  arrival  at  the  island 
of  Macao,  the  French  consul  for  China,  Monsieur  Vieillard, 
with  some  other  gentlemen  of  his  nation,  came  on  board  to 
congratulate  and  welcome  us  to  that  part  of  the  world ;  and 
kindly  undertook  the  introduction  of  the  Americans  to  the 
Portuguese  governor.  The  little  time  that  we  were  there 
was  entirely  taken  up  by  the  good  offices  of  the  consul,  the 
gentlemen  of  his  nation,  and  those  of  the  Swedes  and  Im 
perialists  who  still  remained  at  Macao.  The  other  Eu 
ropeans  had  repaired  to  Canton.  Three  days  afterward 
we  finished  our  outward-bound  voyage.  Previous  to 
coming  to  anchor,  we  saluted  the  shipping  in  the  river  with 
thirteen  guns,  which  were  answered  by  the  several  com 
modores  of  the  European  nations,  each  of  whom  sent  an 
officer  to  compliment  us  on  our  arrival.  These  visits  were 
returned  by  the  captain  and  supercargoes  in  the  afternoon ; 
who  were  again  saluted  by  the  respective  ships  as  they 
finished  their  visit.  When  the  French  sent  their  officers  to 

VOL.  I. C  C 


194  LIFE    OF  JOHN    JAY. 

congratulate  us,  they  added  to  the  obligations  we  were 
already  under  to  them,  by  furnishing  men,  boats,  and  anchors 
to  assist  us  in  coming  to  safe  and  convenient  moorings. 
Nor  did  their  good  offices  stop  here  ;  they  insisted  further 
that  until  we  were  settled,  we  should  take  up  our  quarters 
with  them  at  Canton. 

"  The  day  of  our  arrival  at  Canton,  August  30,  and  the 
two  following  days,  we  were  visited  by  the  Chinese  mer 
chants,  and  the  chiefs  and  gentlemen  of  the  several  European 
establishments.  The  Chinese  were  very  indulgent  towards 
us.  They  styled  us  the  new  people ;  and  when  by  the  map 
we  conveyed  to  them  an  idea  of  the  extent  of  our  country, 
with  its  present  and  increasing  population,  they  were  highly 
pleased  at  the  prospect  of  so  considerable  a  market  for  the 
productions  of  theirs. 

"  The  situation  of  the  Europeans  at  Canton  is  so  well 
known  as  to  render  a  detail  unnecessary.  The  good  under 
standing  commonly  subsisting  between  them  and  the  Chi 
nese  was  in  some  degree  interrupted  by  two  extraordinary 
occurrences  ;  of  which  I  will,  with  your  permission,  give 
a  particular  account. 

"  The  police  at  Canton  is  at  all  times  extremely  strict, 
and  the  Europeans  residing  there  are  circumscribed  within 
very  narrow  limits.  The  latter  had  observed  with  concern 
some  circumstances  which  they  deemed  an  encroachment 
upon  their  rights.  On  this  consideration  they  determined  to 
apply  for  redress  to  the  hoppo,  who  is  the  head  officer  of  the 
customs,  the  next  time  he  should  visit  the  shipping.  Depu 
ties  accordingly  attended  from  every  nation,  and  I  was  desired 
to  represent  ours.  We  met  the  hoppo  on  board  an  English 
ship,  and  the  causes  of  complaint  were  soon  after  removed. 

"  The  other  occurrence,  of  which  I  beg  leave  to  take 
notice,  gave  rise  to  what  was  commonly  called  the  Canton 
war,  which  threatened  to  be  productive  of  very  serious  con 
sequences.  On  the  25th  November  an  English  ship,  in 


LIFE    OF  JOHN   JAY.  195 

saluting  some  company  that  had  dined  on  board,  killed  a 
Chinese,  and  wounded  two  others  in  the  mandarin's  boat 
alongside. 

"It  is  a  maxim  of  the  Chinese  law  that  blood  must 
answer  for  blood ;  in  pursuance  of  which  they  demanded 
the  unfortunate  gunner.  To  give  up  this  poor  man  was 
to  consign  him  to  certain  death.  Humanity  pleaded 
powerfully  against  the  measure.  After  repeated  confer 
ences  between  the  English  and  the  Chinese,  the  latter 
declared  themselves  satisfied,  and  the  affair  was  supposed 
to  be  entirely  settled.  Notwithstanding  this,  on  the  morning 
after  the  last  conference  (the  27th),  the  supercargo  of  the 
ship  was  seized  while  attending  his  business,  thrown  into  a 
sedan-chair,  hurried  into  the  city,  and  committed  to  prison. 

"  Such  an  outrage  on  personal  liberty  spread  a  general 
alarm ;  and  the  Europeans  unanimously  agreed  to  send 
for  their  boats,  with  armed  men  from  the  shipping,  for  the 
security  of  themselves  and  property  until  the  matter  should 
be  brought  to  a  conclusion.  The  boats  accordingly  came, 
and  ours  among  the  number ;  one  of  which  was  fired  on, 
and  a  man  wounded.  All  trade  was  stopped,  and  the  Chi 
nese  men-of-war  drawn  up  opposite  the  factories.  The 
Europeans  demanded  the  restoration  of  Mr.  Smith,  which 
the  Chinese  refused,  until  the  gunner  should  be  given  up. 

"  In  the  mean  while  the  troops  of  the  province  were  collect 
ing  in  the  neighbourhood  of  Canton — the  Chinese  servants 
were  ordered  by  the  magistrates  to  leave  the  factories — the 
gates  of  the  suburbs  were  shut — all  intercourse  was  at  an 
end — the  naval  force  was  increased — many  troops  were 
embarked  in  boats,  ready  for  landing — and  every  thing  wore 
the  appearance  of  war.  To  what  extremities  matters  might 
have  been  carried,  had  not  a  negotiation  taken  place,  no  one 
can  say.  The  Chinese  asked  a  conference  with  all  the 
nations  except  the  English.  A  deputation  (in  which  I  was 
included  for  America)  met  the  Fuen,  who  is  the  head  magis- 


196  LIFE    OF   JOHN    JAY. 

trate  of  Canton,  with  the  principal  officers  of  the  province. 
After  setting  forth,  by  an  interpreter,  the  power  of  the 
emperor  and  his  own  determination  to  support  the  laws,  he 
demanded  that  the  gunner  should  be  given  up  within  three 
days,  declaring  that  he  should  have  an  impartial  examina 
tion  before  their  tribunal,  and  if  it  appeared  that  the  affair 
was  accidental,  he  should  be  released  unhurt. 

"  In  the  mean  time  he  gave  permission  for  the  trade,  except 
ing  that  of  the  English,  to  go  on  as  usual ;  and  dismissed  us 
with  a  present  of  two  pieces  of  silk  to  each,  as  a  mark  of  his 
friendly  disposition.  The  other  nations,  one  after  another, 
sent  away  their  boats  under  protection  of  a  Chinese  flag,  and 
pursued  their  business  as  before.  The  English  were  obliged 
to  submit,  the  gunner  was  given  up,  Mr.  Smith  was  released, 
and  the  English,  after  being  forced  to  ask  pardon  of  the 
magistracy  of  Canton  in  presence  of  the  other  nations,  had 
their  commerce  restored. 

"  On  this  occasion  I  am  happy  that  we  were  the  last 
who  sent  off  our  boat,  and  that  without  a  Chinese  flag ;  nor 
did  she  go  till  the  English  themselves  thanked  us  for  our 
concurrence  with  them,  and  advised  the  sending  her  away. 
After  peace  was  restored,  the  chief  and  four  English  gen 
tlemen  visited  the  several  nations  (among  whom  we  were 
included),  and  thanked  them  for  their  assistance  during  the 
troubles.  The  gunner  remained  with  the  Chinese,  his  fate 
undetermined. 

"  Notwithstanding  the  treatment  we  received  from  all 
parties  was  perfectly  civil  and  respectful,  yet  it  was  with 
peculiar  satisfaction  that  we  experienced  on  every  occasion 
from  our  good  allies  the  French  the  most  flattering  and 
substantial  proofs  of  their  friendship.  *  If,'  said  they,  *  we 
have  in  any  instance  been  serviceable  to  you,  we  are  happy ; 
and  we  desire  nothing  more  ardently  than  further  oppor 
tunities  to  convince  you  of  our  affection.' 

"  We  left  Canton  the  27th  December,  and  on  our  return 
refreshed  at  the  Cape  of  Good  Hope,  where  we  found  a 


LIFE    OF   JOHN    JAY.  197 

most  friendly  reception.  After  remaining  there  five  days, 
we  sailed  for  America,  and  arrived  in  this  port  on  the  llth 
instant. 

"  To  every  lover  of  his  country,  as  well  as  to  those  more 
immediately  concerned  in  commerce,  it  must  be  a  pleasing 
reflection  that  a  communication  is  thus  happily  opened 
between  us  and  the  eastern  extremity  of  the  globe  ;  and  it 
adds  very  sensibly  to  the  pleasure  of  this  reflection,  that  the 
voyage  has  been  performed  in  so  short  a  space  of  time,  and 
attended  with  the  loss  only  of  one  man.  To  Captain  Green 
and  his  officers  every  commendation  is  due,  for  their  un 
wearied  and  successful  endeavours  in  bringing  it  to  this 
most  fortunate  issue,  which  fully  justifies  the  confidence 
reposed  in  them  by  the  gentlemen  concerned  in  the 
enterprise. 

"  Permit  me,  sir,  to  accompany  this  letter  with  the  two 
pieces  of  silk  presented  to  me  by  the  Fuen  of  Canton,  as  a 
mark  of  his  good  disposition  towards  the  American  nation. 
In  that  view  I  consider"  myself  as  peculiarly  honoured,  in 
being  charged  with  this  testimony  of  the  friendship  of  the 
Chinese,  for  a  people  who  may  in  a  few  years  prosecute  a 
commerce  with  the  subjects  of  that  empire  under  advan 
tages  equal,  if  not  superior,  to  those  enjoyed  by  any  other 
nation  whatever. 

"  I  have  the  honour  to  be, 

"  With  the  most  perfect  respect,  sir, 
"  Your  most  obedient  and  very  humble  servant, 

"  SAMUEL  SHAW." 

The  administration  of  the  State  government  about  this 
time,  excited  much  dissatisfaction,  and  the  attention  of  the 
public  was  turned  to  the  selection  of  some  person  to  fill  the 
executive  chair,  in  the  room  of  the  present  incumbent. 
Many  were  anxious  that  Mr.  Jay  should  be  their  next  gov 
ernor,  and  he  was  earnestly  solicited  to  permit  his  name  to 
be  offered  to  the  electors  as  a  candidate  for  the  office. 


198  LIFE    OP    JOHN   JAY. 

The  following  reply  to  an  application  of  this  sort  exhibits 
the  grounds  of  his  refusal. 

"TO    GENERAL    SCHTJYLER. 

"  New- York,  10th  June,  17S5. 

"DEAR    SlR, 

"  What  you  say  on  a  certain  subject  argues  a  degree  of 
confidence  and  friendship  which  excites  my  warmest  ac 
knowledgments,  and  which  shall  always  be  returned  on 
my  part. 

"  I  sincerely  and  frankly  declare  to  you,  that  my  being, 
and  having  long  been  employed  by  Congress,  whose  attach 
ment  and  attention  to  me  has  been  uniform,  and  who,  in  my 
absence,  and  without  my  knowledge  or  desire,  gave  me  the 
place  I  now  fill,  will  not  permit  me  to  quit  their  service, 
unless  their  conduct  towards  me  should  change,  or  other 
circumstances  occur  which  might  render  such  a  step  con 
sistent  with  my  ideas  of  propriety.  This  is  my  deliberate 
and  mature  opinion :  a  servant  should  not  leave  a  good  old 
master,  for  the  sake  of  a  little  more  pay  or  a  prettier  livery. 
Were  I  at  present  to  accept  the  government  if  offered,  the 
world  would  naturally  be  led  to  say  and  to  believe,  that  I 
did  it  from  some  such  paltry  motives. 

"  Although  I  apprehend  that  this  my  answer  will  not  cor 
respond  with  the  wishes  which  your  friendly  partiality  for 
me  suggests,  yet  when  you  put  yourself  in  my  stead,  and 
-consider  what  you  would  do  on  such  an  occasion,  I  think 
the  same  reasons  which  operate  upon  me,  would  have  a 
similar  influence  upon  you.  The  conduct  of  men  is  so 
generally  (and  so  often  with  reason)  imputed  to  interest  or 
ambition,  that  they  who  are  actuated  by  neither  must  expect 
such  imputations,  whenever  circumstances  expose  their 
principles  of  action  to  doubt  and  question :  the  present  case 
strikes  me  in  that  point  of  light.  The  place  I  hold  is  more 
laborious,  requires  more  confinement  and  unceasing  appli 
cation,  and  is  not  only  less  lucrative  but  also  less  splendid 


LIFE    OF   JOHN   JAY.  199 

than  that  of  the  government.  To  exchange  worse  for 
better  does  not  seem  very  disinterested  ;  and  when  profes 
sions  and  facts  give  opposite  evidence,  it  is  easy  to  foresee 
which  will  obtain  the  most  credit. 

"  If  the  circumstances  of  the  State  were  pressing,  if  real 
disgust  and  discontent  had  spread  through  the  country,  if  a 
change  had  in  the  general  opinion  become  not  only  advisa 
ble  but  necessary,  and  the  good  expected  from  that  change 
depended  on  me  ;  then  my  present  objections  would  imme 
diately  yield  to  the  consideration,  that  a  good  citizen  ought 
cheerfully  to  take  any  station  which  on  such  occasions  his 
country  may  think  proper  to  assign  him,  without  in  the 
least  regarding  the  personal  consequences  which  may  result 
from  its  being  more  or  less  elevated  ;  nor  would  there  then 
be  reason  to  fear,  that  Congress  might 'consider  my  leaving 
their  service  as  being  inconsistent  with  that  degree  of  deli 
cacy  and  gratitude  which  they  have  a  right  to  expect,  and 
which  respect  for  myself  as  well,  as  for  them  demands 
from  me. 

"  With  sentiments  of  great  and  sincere  regard, 

"  I  am,  dear  sir, 
"  Your  obliged  and  affectionate  friend, 

"  JOHN  JAY." 

It  has  been  already  mentioned,  that  after  Great  Britain 
had  acknowledged  the  independence  of  the  United  States, 
Mr.  Jay  was  invited  by  Spain  to  resume  his  negotiations  at 
Madrid.  The  invitation  was  not  accepted  ;  and  the  United 
States,  confident  in  their  own  strength,  now  showed  no 
inclination  to  court  the  friendship  of  a  power  by  whom  they 
had  been  treated  in  their  late  struggle  with  coldness  and 
duplicity.  The  treaty  of  1783,  which  secured  the  perma 
nency  of  the  new  republic,  and  guarantied  to  her,  not  only 
the  territory  on  the  eastern  bank  of  the  Mississippi,  but  also 
the  navigation  of  the  river  itself,  made  Spain  sensible  of  her 


200  LIFE    OF   JOHN   JAY. 

folly  in  rejecting  the  concessions  which  Mr.  Jay  had  been 
reluctantly  compelled  to  offer  her.  His  Catholic  Majesty, 
who  had  lately  refused  to  acknowledge  the  American  min 
ister,  now  found  it  expedient  to  send  his  own,  to  solicit  the 
friendship  of  the  United  States.  In  the  spring  of  this  year 
Don  Diego  Gardoqui  arrived  at  Philadelphia,  bearing  a 
commission  from  the  court  of  Spain  to  Congress.  This 
gentleman,  who  had  been  acquainted  with  Mr.  Jay  in 
Madrid,  received  from  him  the  following  letter,  which  is  a 
little  curious,  as  showing  the  ceremonial  with  which  foreign 
ministers  were  received  by  the  old  Congress. 

"  TO    DON    DIEGO    GARDOQ1TI. 

"  Office  for  Foreign  Affairs,  21st  June,  1785. 

"  SIR, 

"  I  have  received  the  letter  you  did  me  the  honour  to 
write  on  the  2d  June  instant.  The  etiquette  which  will  be 
observed  on  your  reception  by  Congress  is  as  follows,  viz. : 

"  At  such  time  as  may  be  appointed  by  Congress  for  a 
public  reception,  the  secretary  for  foreign  affairs  will  con 
duct  you  to  the  Congress  chamber,  to  a  seat  to  be  placed 
for  you,  and  announce  you  to  Congress  ;  the  president  and 
members  keeping  their  seats  and  remaining  covered.  Your 
commission  and  letters  of  credence  are  then  to  be  delivered 
to  the  secretary  of  Congress,  who  will  read  a  translation  of 
them,  to  be  prepared  by  the  secretary  for  foreign  affairs 
from  the  copies  to  be  left  with  the  president.  You  will 
then  be  at  liberty  to  speak  (and,  if  you  please,  deliver  to  the 
secretary  of  Congress  in  writing)  what  you  may  think 
proper  to  Congress,  who  will  take  what  you  may  say  into 
consideration,  and  through  the  secretary  for  foreign  affairs 
will  communicate  whatever  answer  they  may  resolve  upon. 

"  When  you  retire,  you  will  be  reconducted  by  the 
secretary  for  foreign  affairs.  A  visit  will  be  expected  by 
every  member  of  Congress,  as  well  those  who  may  then  be 


LIFE    OF    JOHN    JAY.  201 

intown,.as  others  who  may  afterward  arrive  during  your 
residence  here. 

"  I  hope  the  state  of  your  health  will  soon  be  such  as  to 
admit  of  your  coming  to  this  city,  before  the  heats  of  sum 
mer  render  travelling  disagreeable. 

"  It  will  give  me  great  pleasure  to  take  you  by  the  hand, 
and  to  assure  you  in  person  of  the  esteem  and  regard  with 
which  I  am, 

"  Dear  sir, 
"  Your  most  obedient 

"  And  very  humble  servant, 

"  JOHN  JAY." 

The  audience  was  had,  and  the  part  performed  by  Mr. 
Jay  must  have  forcibly  recalled  to  his  mind  the  frequent 
warnings  he  had  given  the  Spanish  court  of  the  rising  great 
ness  of  the  infant  republic,  as  well  as  the  indignities  he  had 
himself  experienced  as  her  representative.  He  had  now 
the  happiness  of  witnessing  the  legislators  of  his  country 
assuming  the  ptert  affected  by  monarchs,  and  listening  to 
the  plenipotentiary  of  Spain,  standing  uncovered  before 
them,  and  declaring  the  affection  of  his  master  for  them,  his 
"  great  and  beloved  friends."  To  the  speech  of  the  min 
ister  no  answer  was  returned  directly  by  Congress,  but  a 
reply  was  sent  to  him  in  the  name  of  the  secretary  for 
foreign  affairs. 

Mr.  Jay  was  appointed  by  Congress  to  treat  with  the 
minister ;  and  he  had  thus  the  singular  satisfaction  of 
conducting  in  his  native  city,  at  the  instance  of  Spain 
herself,  a  negotiation  which  he  had  vainly  attempted  at 
Madrid. 

He  had,  however,  seen  too  much  of  the  policy  of  Spain, 
and  of  the  countenance  afforded  by  France  to  her  claims, 
to  anticipate  a  favourable  result  from  the  present  attempt. 
"  I  am  not  sanguine  in  my  expectations,"  he  remarked  to 
Congress,  "  that  a  satisfactory  termination  of  this  negotia- 

VOL.  I. D  D 


202  LIFE    OP   JOHN    JAY. 

tion  is  practicable,  in  whatever  way  it  may  be  managed ; 
obstacles  of  weight  and  magnitude  are  in  the  way,  and  I 
am  not  without  doubts-  of  the  possibility  of  removing  them 
at  present."  His  anticipations  were  fully  realized;  the 
navigation  of  the  Mississippi  presenting  an  insuperable 
obstacle  to  a  treaty. 

On  the  7th  September,  Congress  passed  a  secret  act,  lim 
ited  to  one  year,  giving  Mr.  Jay  discretionary  power  to 
inspect  letters  in  the  post-office.  The  probable  motive  for 
this  measure  was  a  desire  to  discover  the  nature  of  the 
instructions  sent  from  England,  by  the  way  of  the  United 
States,  to  the  commanders  of  the  military  posts  on  the  fron 
tiers,  which  were  held  by  the  British  contrary  to  the  treaty 
of  peace ;  and  likewise  to  ascertain  the  object  of  certain 
warlike  preparations  that  were  said  to  be  making  in  Can 
ada.  It  is  not  known  that  the  power  thus  given  was  ever 
exercised. 

The  following  letter,  and  the  report  afterward  made  on 
it  by  the  secretary,  contain  the  first  proposition  for  a  navy 
made  by  any  branch  of  the  American  government  after  the 
revolution. 

"TO    THE    PRESIDENT    OF    CONGRESS. 

"  Office  for  Foreign  Affairs,  13th  October,  1785. 

"  SIR, 

"Your  excellency  will  find  herewith  enclosed  a  letter 
from  Chevalier  Jones  of  6th  August,  and  a  copy  of  a  letter 
(which  is  the  same  that  is  published  in  the  Philadelphia 
paper  of  llth  instant)  from  Mons.  Sontanges,  dated  14th 
July  last,  to  the  judges  and  consuls  of  Nantes,  informing 
that  the  Algerines  had  declared  war  against  the  United 
States. 

"  As  their  late  peace  with  Spain  has  rendered  their  arma 
ments  unnecessary  against  that  power,  they  probably  choose 
to  turn  them  against  us  to  prevent  their  being  useless,  and 
in  hopes  of  acquiring  considerable  booty.  This  peace,  if 


LIFE    OF   JOHN   JAY.  203 

the  public  accounts  of  it  are  true,  gives  those  pirates  just 
matter  of  triumph ;  and  in  this  moment  of  their  exultation,  I 
am  inclined  to  think  that  an  advantageous  treaty  with  them 
is  not  to  be  expected. 

"  This  war  does  not  strike  me  as  a  great  evil.  The  more 
we  are  ill-treated  abroad  the  more  we  shall  unite  and  con 
solidate  at  home.  Besides,  as  it  may  become  a  nursery  for 
seamen,  and  lay  the  foundation  for  a  respectable  navy,  it 
may  eventually  prove  more  beneficial  than  otherwise. 
Portugal  will  doubtless  unite  with  us  in  it,  and  that  circum 
stance  may  dispose  that  kingdom  to  extend  commercial 
favours  to  us  further  than  they  might  consent  to  do,  if  unin 
fluenced  by  such  inducements.  For  my  own.  part,  I  think 
it  may  be  demonstrated,  that  while  we  bend  our  attention 
to  the  sea,  every  naval  war,  however  long,  which  does  not 
do  us  essential  injury,  will  do  us  essential  good. 

"  I  have  the  honour  to  be,  with  great  respect  and  esteem, 
your  excellency's  most  obedient  and  very  humble  servant, 

"  JOHN  JAY." 

This  letter  was  referred  back  to  the  secretary,  to  report 
what  measures  it  would  be  proper  to  take.  He  recom 
mended  that  all  American  built  merchant  vessels  trading  in 
the  Mediterranean  should  be  armed  at  the  public  expense ; 
and  also  that  "five  forty  gun  ships  should  be  forthwith 
built,  and  put  under  the  direction  of  a  brave  and  experienced 
commodore — that  the  Board  of  Admiralty  should  be  organ 
ized  and  put  in  condition  to  execute  its  functions — and  that 
a  requisition  should  be  made  on  the  States  for  the  supplies 
necessary  for  this  purpose." 

These  recommendations  were  not  carried  into  effect,  in 
consequence  of  the  weakness  of  Congress  and  the  little  con* 
trol  it  possessed  over  the  States.  Of  the  inadequacy  of  the 
existing  government  to  the  demands  of  a  great  nation,  no 
one  was  more  early  or  deeply  sensible  than  Mr.  Jay,  nor 
more  desirous  to  substitute  for  it,  a  government  possessing 


204  LIFE    OF   JOHN    JAY. 

the  energy  necessary  to  protect  and  maintain  the  rights  and 
interests  of  the  Union ;  and  his  letters  bear  frequent  testi- 
mon/  to  his  opinions  and  wishes  on  this  subject. 

Thus  far  the  purity  of  Mr.  Jay's  life,  both  in  private  and 
public,  had  suppressed  all  open  ebullitions  of  envy  and 
malice.  He  was  now,  for  the  first  time,  arraigned  at  the 
bar  of  the  public,  and  his  accuser  was  a  young  man  whom 
he  had  loaded  with  benefits. 

We  should  not  have  encumbered  our  pages  with  the  fol 
lowing  effusion  of  malice  and  scurrility,  had  it  not  afforded 
us  an  opportunity  of  illustrating  Mr.  Jay's  pit  ence  and 
kindness,  and  of  exhibiting  new  attestations  to  his  worth. 

From  the  New-York  Daily  Advertiser,  Dec.  6,  1785. 


«  SIR, 

"  While  I  admire  your  philosophic  prudence,  and  render 
ample  justice  to  your  talents,  give  me  leave  to  pay  an 
equally  sincere  tribute  to  the  qualities  of  your  heart. 

"  As  this  letter  is  in  fact  an  appeal  to  the  public,  permit 
me  to  begin  by  recapitulating  the  motives  which  have  con 
duced  to  it. 

"  I  was  sent  at  an  early  period  of  life  to  Europe,  recom 
mended  to  your  care  and  attention,  in  consequence  of  a 
previous  engagement  which  you  had  formed  with  my 
friends,  upon  your  being  appointed  minister  to  the  court  of 
Madrid.  My  abrupt  departure  from  Virginia  prevented 
my  guardian  from  establishing  at  that  time  any  funds  for 
my  support  in  Europe,  and  he  only  furnished  me  with 
a  letter  to  you,  requesting  and  authorizing  you  to  make 
me  the  necessary  advances  for  my  expenses,  upon  his 
account. 

"  This  you  continued  to  do  until  I  left  your  family,  cer 
tainly  against  your  consent  and  advice,  to  serve  as  a  volun 
teer  in  the  army  of  Spain. 


LIFE    OF   JOHN    JAY.  205 

"  I  shall  not  further  animadvert  upon  your  subsequent 
conduct,  unless  you  choose  to  renew  the  discussion. 

"  I  was  fortunate  enough  to  find  resources  independent 
of  you ;  and  with  respect  to  the  past,  never  considered 
myself  as  personally  responsible  to  you  for  the  advances 
you  had  made  by  order  of  my  guardian.  You  may  also 
recollect,  that  before  my  departure  from  Paris,  in  1784,  I 
wrote  to  you  upon  the  subject,  informing  you  of  my  wish 
and  efforts  to  settle  the  accounts,  only  from  a  principle  of 
delicacy,  as  I  expressly  declared  *  that  I  did  not  consider 
myself  as  under  any  actual  obligation  for  sums  advanced 
to  me  while  under  age,  upon  the  credit  of  my  guardian ; 
and  which  were  discontinued  as  soon  as  subsequent  circum 
stances  seemed  to  invalidate  his  order,  and  place  me  in  a 
more  immediate  state  of  personal  responsibility.' 

"  Neither  in  your  answer,  nor  upon  any  other  occasion, 
did  you  demand,  or  even  hint,  that  you  expected  payment 
from  me.  In  a  note  of  the  16th  of  March,  1784,  you  also 
informed  me,  that  you  had  then  taken  no  arrangements  for 
your  reimbursement  in  America  ;  consequently,  you  could 
have  no  just  cause  of  complaint  against  my  guardian,  who, 
until  my  arrival  in  Virginia,  in  July  last,  was  actually 
ignorant  of  the  amount  of  his  debt  to  you. 

"  He  informed  me,  that  he  had  not  heard  directly  from 
you  since  your  return  to  America,  although  he  had  written 
several  times  to  you  to  obtain  an  account  of  the  sums 
advanced  for  me.  The  only  letter  which  I  wrote  to  him 
upon  the  subject  never  came  to  hand  ;  upon  settling  my 
affairs  with  him,  the  debt  to  you  was  included  in  the  ex 
pense  of  my  education ;  consequently,  he  is  responsible  for 
it, -and  as  such  considers  himself:  of  this  I  informed  you 
upon  my  arrival  here  on  the  18th  ult.,  and  at  the  same  time 
assured  you,  in  the  name  of  my  late  guardian,  that  your 
reimbursement  would  not  be  delayed  longer  than  circum 
stances  render  unavoidable.  To  that  letter  /  received  no 
answer.  Why  did  you  not  then  demand  a  settlement  from 


208  LIFE    OF   JOHN    JAY. 

me  ?  I  informed  you  that  I  was  on  my  return  to  Europe  l 
you  were  still  silent  upon  that  subject ;  but  in  the  course  of 
your  official  correspondence  with  me  respecting  the  letters 
of  recommendation  from  the  King  of  Spain,  the  Duke  de 
Crillon,  &c.  &c.,  which  were  laid  before  Congress,  and 
referred  to  you  to  report,  you  were  made  acquainted  with 
my  situation  in  Europe.  I  repeatedly  informed  you  that  I 
could  for  no  consideration  defer  my  return  by  the  French 
packet,  which  would  sail  on  the  6th  instant.  In  consequence 
of  your  having  delayed  to  make  your  report  before  the 
adjournment  of  Congress  on  Friday,  I  wrote  to  you,  to 
request  .that  you  would,  if  possible,  return  me  those  letters; 
offering,  although  with  the  deepest  regret,  to  give  up  every 
hope  of  an  honorary  distinction  from  Congress,  rather  than 
lose  the  opportunity  of  the  packet,  on  board  of  which  I  was 
to  embark  on  Monday. 

"  Yesterday.  I  received  a  polite  answer  from  you  to 
that  note;  and  a  moment  after,  your  whole  system  was 
developed. 

"  From  every  preceding  circumstance,  you  justly  con 
cluded  that  my  business  in  Europe  was  equally  pressing 
and  important ;  consequently,  to  throw  an  obstacle  in  my 
way  would  at  once  injure  and  distress  me.  The  opportu 
nity  of  a  safe  revenge  is  a  temptation  not  to  be  resisted  by 
an  enemy  like  you. 

"  A  moment  after  receiving  your  first  note  of  yesterday, 
I  was  informed  that  you  had  taken  out  a  writ  against  me 
for  the  amount  of  my  guardian's  debt  to  you. 

"  The  stroke  was  well-timed,  and  I  really  give  you 
credit  for  it.  Some  time  must  necessarily  elapse  before  I 
could  hear  from  Virginia,  where  an  earlier  notice  would 
have  permitted  me  to  make  every  necessary  arrangement ; 
in  the  mean  time  the  packet  would  sail.  Perhaps  your 
malignity  even  extended  to  the  hope  of  seeing  me  igno- 
miniously  dragged  to  prison,  as  you  supposed  me  ill  pre 
pared  to  avert  the  blow. 


LIFE    OP   JOHN   JAY.  207 

"  I  sincerely  condole  -with  you  upon  the  failure  of  your 
plot,  and  still  more  upon  your  apprehensions  of  its  conse 
quences.  But  take  courage  :  I  respect  the  servant  of  Con 
gress,  and  even  as  a  man,  I  pity  and  despise  you. 

"  I  am  far,  however,  from  considering  you  in  the  light  of 
a  contemptible  enemy.  The  greatest  political  influence — 
a  private  character  unsullied,  because  unknown — and  above 
all,  an  apathy  of  disposition,  which  keeps  you  ever  upon 
your  guard,  unite  in  giving  you  a  decided  advantage  over 
an  antagonist  whose  natural  warmth  of  temper,  and  sus 
ceptible  feelings,  are  so  contrary  to  your  own.  Your 
refusal  to  answer  my  note  of  yesterday,  I  can  easily 
account  for  upon  the  principles  which  have  ever  actuated 
your  conduct  towards  me.  You  perhaps  think  yourself 
above  the  opinion  of  the  world,  and  secure  from  censure 
under  the  mask  of  habitual  gravity  and  austere  importance* 
Reflect  once  more :  consider  you  are  by  no  means  arrived 
at  a  period  of  life  which  inspires  veneration,  and  dispenses 
with  punctilio ;  your  brow  is  as  yet  unwrinkled,  except  by 
the  assumed  frown  of  ministerial  solemnity  and  natural 
malevolence. 

"  A  sacrifice  to  the  established  laws  of  society,  is  by  no 
means  incompatible  with  the  duties  of  office  ;  and  above 
all,  let  the  hope  of  successful  revenge  for  once  animate  you 
to  act  a  manly  part. 

"  I  shall  conclude  with  one  more  observation,  and  I  be 
lieve  not  the  least  unpleasing  to  you  of  this  address.  You 
have  long  been  my  enemy  ;  but  by  a  strange  fatality,  your 
attempts  to  injure  me  have  been  invariably  productive  of 
advantage  to  me :  having  yourself  pursued  the  wrong  path 
to  honour,  you  have  involuntarily  pushed  me  forward  in 
the  right ;  and  let  it  be  an  additional  torment  to  your  mind 
to  be  told,  that  you  have  negatively  done  good. 

"LEWIS    LlTTLEPAGE. 

«  New-York,  4th  Dec.  1785. 

"  P.  S.  If  you  have  any  thing  to  answer,  I  desire  it  may 


208  LIFE    OF    JOHN    JAY. 

be  inserted  in  to-morrow's  paper,  as  I  shall  sail  in  the 
French  packet,  and  I  have  reason  to  conjecture  you  will  be 
disposed  to  take  advantage  of  my  absence." 

The  paper  of  the  next  day  contained  the  following 
address : 

"TO    THE    PUBLIC. 

"  Yesterday  morning  I  received  the  following  letter  of 
the  day  before,  from  Mr.  Littlepage. 

" '  SIR  : — Before  I  proceed  to  the  last  extremity,  that  is, 
an  appeal  to  the  public,  be  pleased  to  inform  me  whether 
you  choose  to  enter  into  a  discussion  more  consistent  with 
the  character  and  ideas  of  a  gentleman.  You  must  be  con 
vinced,  from  every  preceding  circumstance,  that  I  can  put 
but  one  construction  upon  your  late  extraordinary  conduct, 
which  is,  a  premeditated  design  to  injure  and  disgrace  me. 
If  such  was  your  intention,  I  certainly  am  at  liberty  to 
justify  myself,  and  perhaps  to  retort  upon  you.  I  shall  be 
happy  to  find  myself  mistaken,  and  if  you  condescend  to 
explain  your  conduct,  many  disagreeable  things  may  be 
yet  avoided  :  your  answer  will  be  definitive.  In  the  mean 
time,  I  have  the  honour  to  be  &c. 

" '  L.  LITTLEPAGE.' 

"  ANSWER. 

"  *  SIR  : — I  have  received  your  letter  of  yesterday,  and  as 
it  is  as  decent  as  any  that  can  be  expected  from  you,  I  pre 
vail  upon  myself  to  write  a  line  or  two  in  answer  to  it. 

" '  Not  being  conscious  of  having  intentionally  committed 
a  single  act  of  injustice  or  dishonour  in  the  course  of  my 
life,  I  have  nothing  to  apprehend  from  publication.  Your 
threats,  therefore,  on  that  head  operate  on  my  mind  like 
dust  on  a  balance.  Execute  them ;  publish  when  and  what 
you  please. 

" '  As  to  personal  discussion  or  correspondence  with  you, 
I  mean  and  wish  to  have  none ;  and  your  memory  cannot 


LIFE    OF   JOHN    JAY.  209 

be  a  good  one,  if  it  does  not  suggest  to  you  my  reasons 
for  it. 

" '  A  premeditated  design  to  injure  or  disgrace  you  is  a 
base  design,  and  consequently  was  never  mine ;  I  disclaim, 
deny,  and  reprobate  it.  If  you  wish  to  know  why  I  sued 
you,  I  will  tell  you :  it  was  to  recover  money  you  honestly 
owe  me,  and  for  which  I  am  not  to  be  satisfied  by  your 
assurances. 

« « I  am,  &c. 

"'JoHN  JAY.' 

i 

"  Mr.  Littlepage  has  appealed  to  the  public.  Far  be  it 
from  me  to  look  with  indifference  on  the  opinion  of  the 
world  ;  I  was  early  taught  to  respect  it,  and  my  endeavours 
to  merit  the  esteem  and  affection  of  my  fellow-citizens  have 
from  my  early  youth  been  unremitted;  how  far  I  have 
succeeded  they  best  can  telL  On  every  occasion,  where 
the  propriety  of  my  conduct  may  be  arraigned  before  their 
impartial  tribunal,  I  shall  be  ready  to  put  myself  on  my 
trial,  and  to  answer  even  to  Mr.  Littlepage  for  all  such  of 
my  actions  as  respect  him.  This  is  the  first  time  in  my 
life  that  I  have  been  so  arraigned,  and  it  is  a  little  mortifying 
that  it  should  now  be  by  a  young  man,  every  part  of  whom, 
except  his  soul,  had  increased  and  grown  while  enjoying 
hospitality  under  my  roof,  and  at  my  table. 

"  I  have  commenced  an  action  against  Mr.  Littlepage 
for  the  recovery  of  a  thousand  and  odd  dollars,  advanced 
to  and  for  him  in  Spain.  This  proceeding,  he  says,  is  con 
trary  both  to  justice  and  honour. — To  justice,  because  '  he 
never  considered  himself  as  personally  responsible  to  me  for 
the  advances  I  had  made  by  order  of  his  guardian* 

"  The  first  question  on  this  point  is,  What  orders  I  had 
from  his  guardian  ? 

"  The  only  letter  which  I  ever  in  my  life  received  from 
that  gentleman,  and  whom  I  have  never  seen,  was  brought 
by  Mr.  Littlepage,  and  is  in  the  words  following : 

VOL.  I. E  E 


210  LIFE    OF    JOHN    JAY. 

"  » Virginia,  New  Kent  County,  November  20,  1779, 

" «  SIR  : — You  will  receive  this  from  the  hand  of  my 
nephew,  Lewis  Littlepage,  the  youth  whom  you  was  so 
kind  as  to  promise  my  friend,  Mr.  Thomas  Adams,  to  take 
into  your  care.  I  have  a  proper  sense  of  your  favour,  sir, 
and  hope  he  will  behave  in  such  a  manner  as  to  deserve 
your  patronage.  I  should  have  sent  him  to  you  before 
your  departure  from  Philadelphia,  but  was  prevented  by 
his  falling  into  a  bad  state  of  health,  from  which  he  did  not 
recover  in  time.  Enclosed  you  will  find  some  of  his  per 
formances,  by  which  you  may  judge  of  his  genius  for  poetry. 
The  Elegy  on  the  Death  of  his  Friend,  Colonel  Fleming,  was 
wrote  by  him  at  the  age  of  fifteen  years  and  three  months ; 
the  Ode  on  Death,  and  the  translation  of  Horace's  ode,  a 
few  months  after.  I  shall  be  anxious  to  hear  how  he 
answers  your  expectations.  He  sails  for  Bordeaux,  where 
he  will  be  accommodated  by  a  merchant,  and  forwarded  to 
Mr.  Beaumarchais  at  Paris,  and  by  him,  or  Mr.  Gerard, 
will  be  sent  to  you  at  Madrid.  Those  gentlemen  are  desired 
to  draw  upon  you  for  whatever  they  may  advance  for  him, 
which  be  pleased  to  pay,  and  it  shall  be  punctually  returned 
to  you 

"  *  By  your  most  obedient  and 

" '  Humble  servant, 

"<BEN.  LEWIS.' 

"  This  letter  does  not  authorize  or  desire  me  to  advance 
a  single  shilling  to  Mr.  Littlepage,  but  only  to  answer  the 
bills  which  Mr.  Gerard  or  Mr.  Beaumarchais  might  draw 
upon  me  for  their  advances  to  him.  Now,  neither  of  those 
gentlemen  ever  drew  any  bills  upon,  or  received  any  money 
from  me,  and,  consequently,  I  never  paid  any  money 
according  to  the  request  or  authority  mentioned  in  this 
letter.  Whether  any  funds  were  provided  for  Mr.  Little- 
page's  further  expenses,  whether  it  was  intended  to  remit 


LIFE    OF   JOHN  JAY,  211 

money  from  America  to  him  or  me  for  that  purpose,  or 
whether  it  was  expected  I  should  make  all  the  advances,  I 
am  yet  to  learn.  That  Mr.  Littlepage,  who  has  often  read 
this  letter,  and  heard  my  remarks  upon  it,  should  say,  in 
general  terms, '  that  it  requested  and  authorized  me  to  make 
the  necessary  advances  for  his  expenses,  upon  his  guardian's 
account,'  is  certainly  saying  more  than  the  fact  warrants. 
But  although  Mr.  Lewis  was  under  no  express  obligations 
to  reimburse  me,  yet  I  certainly  considered  him  as  being 
under  implied  legal,  as  well  as  honorary  ones. 

"  The  next  question  is,  Whether  Mr.  Littlepage  is  liable 
for  the  repayment  of  advances  made  while  under  age,  or 
ever  considered  himself  so  ? 

"  So  far  as  this  is  a  law  question,  it  ought  to  be  argued 
in  a  court  of  law,  and  not  in  a  newspaper ;  but  so  far  as  it 
respects  the  mere  fact  of  his  considering  himself  responsible 
for  it,  it  may  be  a  proper  point  to  be  here  discussed. 

"  What  passed  between  us  in  conversation  cannot  be 
proved,  but  may  be  denied ;  let  that  therefore  pass  for 
nothing. 

"  In  a  letter  of  8th  October,  1781,  in  which  he  very  rudely 
expostulated  with  me  for  not  letting  him  have  quite  so 
much  money  as  he  then  wanted,  are  these  words : — '  Your 
conduct,  perhaps^  is  influenced  by  apprehensions  of  loss,  as 
you  know  I  do  not  possess  an  affluent  fortune.  Fear  not, 
sir ;  the  generosity  of  an  affectionate  parent,  and  a  worthy 
deceased  relat  on,  have  left  me  above  dependence.1 

"  When  at  Passy,  on  the  6th  day  of  July,  in  the  year 
1783, 1  presented  to  him  an  account  of  the  moneys  advanced 
by  me,  to  and  for  him,  he  signed  his  name  to  it,  and  under 
his  hand  acknowledged  it  to  be  a  just  and  true  account. 
And  will  he  now  tell  the  public  and  me  that  he  is  not  obliged 
to  pay  this  just  and  true  account?  When  he  came  here 
lately,  he  wrote  me  the  following  letter: 


212  LIFE    OF   JOHN   JAY. 

"  «  Maiden-lane,  18th  November,  1785, 

"  *  SIR  : — I  had  the  honour  to  call  at  your  excellency's 
house  this  evening  to  pay  you  my  respects,  and  at  the  same 
time  to  inform  you  that  every  exertion  has  been  made  on  my 
part  to  acquit  myself  of  my  pecuniary  obligations  towards 
you.  I  am  sorry  to  add,  that  accumulated  embarrassments 
prevented  me  from  accomplishing  it  before  my  departure 
from  Virginia,  where  I  only  arrived  in  July  last,  and  am  at 
present  on  my  return  to  Europe.  I  have,  however,  taken 
explicit  arrangements  with  my  uncle  on  that  head,  and  am 
authorized  to  make  you  the  most  positive  assurances,  on  his 
part,  that  your  reimbursement  shall  not  be  delayed  longer 
than  circumstances  render  unavoidable. 
" *  I  have  the  honour  to  be, 

"  *  With  the  most  perfect  respect,  &c. 

"  *  L.  LlTTLEPAGE/ 

"  In  this  letter  he  admits  his  being  under  pecuniary 
obligations  to  me,  which  means  that  he  owes  me  money ;  it 
mentions  his  having  exerted  himself  to  acquit  himself  of 
these  obligations,  which  means,  I  suppose,  that  he  had  tried 
to  get  and  to  pay  the  money.  His  present  conduct,  indeed, 
renders  his  former  meaning  somewhat  doubtful,  for  now  he 
seems  desirous  of  getting  rid  of  these  pecuniary  obligations, 
not  by  discharging  them,  but  by  going  to  Europe  and  leav 
ing  them  behind.  It  is  true  that  I  never  demanded  pay 
ment  of  him  ;  for  why  demand  payment  from  a  man  who 
had  nothing  to  pay,  and  all  whose  supplies  were  drawn 
from  other  people's  purses,  and  mine  among  others  ? 

"  So  far  as  the  justice  of  my  conduct  on  this  occasion 
may  be  in  question,  I  flatter  myself  I  shall  stand  acquitted 
by  the  public,  especially  when  they  are  further  told,  that  no 
part  of  my  account  is  made  up  of  interest,  but  that  I  have 
charged  only  the  actual  sums  advanced  by  me  out  of  pocket 
to  this  stranger,  who  lived  free  from  cost  in  my  house  and 
family. 


LIFE    OF   JOHN   JAY.  213 

"  The  next  question  which  remains  to  be  discussed  is, 
whether  my  conduct  towards  this  young  man  is  dishonour 
able  ;  for  justice,  though  exact,  is  not  always  honourable. 

"  I  will  endeavour  to  methodise  his  charges  on  this  head. 
I  think  they  may  all  be  comprised  in  the  following  three,  viz. 

"  1st.  That  I  did  not  answer  his  letter  of  18th  Novem 
ber,  nor  express  my  content  or  discontent  with  the  assu 
rances  contained  in  it. 

"  2d.  That  I  did  not  sue  him  immediately  on  his  arrival, 
but  deferred  it  until  he  was  about  going  away. 

"3d.  That  I  did  not  make  a  report  to  Congress  in  his 
case  so  soon  as  I  ought  to  have  done,  for  I  knew  he  was 
going  to  Europe  in  the  French  packet. 

"  My  answer  to  the  two  first  of  these  charges  will  be  two 
fold  :  first,  as  resulting  from  the  circumstances  of  this  par 
ticular  case  ;  and  secondly,  from  the  point  of  light  in  which 
I  have  long  and  steadily  viewed  Mr.  Littlepage — a  point  of 
light  which  rendered  it  exceedingly  improper  for  me  to 
have  any  avoidable  connexion  or  correspondence  with  him. 

"  On  Mr.  Littlepage's  first  arrival  here,  and  for  some 
time  afterward,  I  did  not  mean  to  sue  him  ;  and  therefore  it 
was  not  necessary  for  me  to  say  or  write  any  thing  to  him 
on  the  subject.  I  then  reasoned  thus  with  myself:  This 
young  man  comes  here  directly  from  Virginia,  where  he  had 
seen  and  left  his  guardian ;  he  brings  no  money  for  me,  and 
though  he  brings  assurances,  yet  he  does  not  bring  a  single 
line  from  his  guardian  to  establish  them.  It  is  possible  that 
what  he  says  may  be  true,  but  I  have  only  his  word  for  it, 
and  that  I  know  is  worth  very  little  ;  it  certainly  looks 
very  much  like  a  scheme  to  amuse  me  till  he  can  set  sail 
for  Europe,  and  I  certainly  would  be  justifiable  in  suing 
him — but  what  shall  I  get  by  it  ?  I  have  no  reason  to  think 
he  has  much  money  or  credit  here.  It  will  be  best  to  let  the 
matter  rest,  and  continue  to  have  patience. 

"  Afterward,  viz.  the  day  before  I  sued  him,  I  very  un 
expectedly  became  acquainted  with  a  circumstance  which 


214  LIFE    OF   JOHN    JAY. 

convinced  me,  that  he  had  more  than  money  enough  with 
him  to  pay  me,  and  I  issued  a  writ  against  him  the  next  day. 
The  event  justified  my  opinion ;  for,  on  being  arrested,  he 
laid  down  the  amount  of  the  debt,  and  put  it  into  the  hands 
of  Mr.  Low,  as  a  security  for  that  gentleman's  becoming 
his  bail.  Admirable  ideas  of  honour,  indeed  !  to  have  plenty 
of  money  in  his  pocket,  and  yet  try  to  amuse  an  honest 
creditor  with  assurances  till  he  could  get  out  of  the  way. 

"  Whether  it  would,  under  such  circumstances,  have  been 
dishonourable  to  sue  any  debtor,  I  cheerfully  submit  to 
the  judgment  of  the  impartial  public.  I  say  any  debtor, 
because,  with  respect  to  me,  Mr.  Littlepage  does  not  stand 
on  equal  ground  with  any  man  who  now  does  or  ever  did 
owe  me  money. 

"  I  now  proceed  to  that  part  of  my  answer  to  the  charge 
in  question,  which  results  from  the  point  of  light  in  which  I 
have  long  and  steadily  viewed  Mr.  Littlepage  ;  and  I  pro 
ceed  to  it  with  infinite  pain  and  regret. 

"  This  young  man  is  thought  well  of  by  many ;  he  has 
lived  in  my  family — he  comes  here — he  pays  me  a  visit — 
he  writes  me  a  letter — and  yet  I  take  no  notice  of  him,  but 
I  keep  him  at  a  distance,  and  even  tell  him  that  I  wish  and 
mean  to  have  no  personal  discussions  or  correspondence 
with  him.  Such  treatment,  if  unmerited,  would  be  cruel ; 
whether  it  is  or  not,  is  now  the  point  in  question. 

"  On  the  recommendation  of  some  gentlemen  from  Vir 
ginia,  whom  I  greatly  esteem,  I  consented  to  take  this  Mr. 
Littlepage,  a  perfect  stranger,  whom  I  had  never  seen  nor 
known,  and  with  whom  and  whose  family  I  had  not  the 
most  distant  connexion,  under  my  care  and  protection; 
and  was  really  happy  in  the  prospect  of  being  useful  to  a 
young  gentleman,  of  whose  parts  and  disposition  they  enter 
tained  a  very  favourable  opinion. 

"  From  circumstances  very  immaterial  to  this  subject,  it 
so  happened  that  while  Mr.  Littlepage  lived  in  my  family, 
a  coolness  subsisted  and  continued  between  Mr.  Carmi- 


LIFE    OP   JOHN    JAY.  215 

chael  and  myself.  Whether  it  was  with  design  to  ingra 
tiate  himself  with  me,  and  render  my  advances  to  him  the 
more  liberal,  or  whether  he  was  induced  to  it  by  a  sense  of 
my  kindness  to  him,  I  know  not;  but  the  fact  is,  that  he 
often  communicated  to  me  anecdotes  of  that  gentleman's 
conduct  and  language,  with  which  it  was  impossible  that  I 
could  be  pleased. 

"  When  Mr.  Littlepage  took  a  fancy  to  go  with  the  Duke 
de  Crillon  to  Minorca,  he  urged  every  argument  he  could 
think  of  to  obtain  my  consent,  but  without  effect.  Among 
others,  he  insisted  largely  on  Mr.  Carmichael's  endeavours 
to  oppose  and  misrepresent  him,  and  how  useful  an  ac 
quaintance  with  the  principal  officers  would  be  to  frustrate 
the  effects  of  such  conduct  in  future.  He  enumerated  many 
particulars,  some  of  which  were  entirely  new  to  me.  I 
told  him  that  these  were  delicate  subjects ;  that  I  was 
in  an  unpleasant  situation  between  him  and  Mr.  Car- 
michael,  and  therefore  wished  to  have  every  fact  and  rea 
son  which  influenced  him  to  persist  in  his  project,  against 
my  advice  and  approbation,  so  ascertained  as  to  be  able  at 
all  times  fairly  and  fully  to  state  them  ;  that  verbal  com 
munications,  whether  of  reasons  or  facts,  were  liable  to  be 
forgotten,  as  well  as  to  be  misrepresented,  either  by  accident 
or  design,  and  that  the  word  even  of  an  honest  man  hardly 
gains  full  credit  in  cases  where  he  may  be  considered  as  in 
terested  ;  that  I  wished  to  have  no  open  rupture  with  Mr. 
Carmichael  on  various  accounts,  and  should  endeavour  to 
avoid  it ;  but,  nevertheless,  that  prudence  recommended 
caution,  and  in  case  such  a  rupture  should  take  place,  I 
wished  to  have  it  in  my  power  to  prove  whatever  I  might 
be  obliged  to  say.  I  therefore  wished  he  would  write  to 
me  all  the  reasons  which  influenced  him  to  propose  going  on 
the  intended  expedition.  I  told  him,  at  the  same  time,  that 
I  would  never  make  it  public,  unless  the  regard  due  either 
to  my  own  reputation  or  his  should  render  it  necessary. 

"  He  left  me,  and  the  next  day  sent  me  the  following 
letter : 


216  LIFE    OF   JOHN    JAY. 


"  '  Aranjuez,  15th  June,  1781. 
"'DEAR    SlR, 

"  '  Notwithstanding  your  friendly  endeavours  to  dissuade 
me  from  my  intention  of  accompanying  the  Duke  of  Crillon 
in  the  ensuing  campaign,  I  find  my  inclination,  honour,  and, 
let  me  add,  my  interest  too  nearly  concerned  to  admit  the 
most  distant  idea  of  desisting.  Perfectly  convinced,  how 
ever,  of  the  generous  and  candid  motives  which  influence 
your  conduct,  I  think  it  indispensably  incumbent  on  me  to 
explain  to  you,  in  the  most  serious  manner,  my  reasons  for 
persevering. 

" '  In  this  unhappy  era  of  war  and  commotion,  politicians 
and  soldiers  are  equally  necessary.  At  a  distance  from 
my  native  country,  and  consequently  incapable  of  serving 
it  immediately  in  a  military  line,  I  think  it  still  my  duty  to 
embrace  every  opportunity  of  acquiring  a  degree  of  expe 
rience  which  may  one  day  prove  beneficial.  Your  par 
tiality  to  my  abilities  induces  you  to  suppose  politics  my 
proper  sphere.  Friendship  seems  more  prevalent  than 
judgment  in  that  conjecture.  My  present  object  is  the 
attainment  of  the  Spanish  language ;  the  alternative  is  to 
retire  to  some  village,  or  spend  a  few  months  in  the  army  ; 
the  latter  is  infinitely  more  agreeable,  less  expensive,  and 
more  consistent  with  my  future  plans  of  life.  Here,  sir, 
permit  me  to  call  your  attention  to  some  minute  particulars 
relative  only  to  myself. 

" '  Neither  your  friendship  nor  my  own  caution  can,  I 
find,  protect  me  from  the  machinations  of  a  powerful  and 
insidious  enemy.  To  his  malicious  insinuations  I  can  alone 
impute  that  universal  coldness  with  which  every  person  in 
the  least  influenced  by  him  continually  avoids  me.  Suspi 
cions  to  the  prejudice  of  my  character  are  infused  into  the 
minds  of  all  who  appear  disposed  to  treat  me  with  civility. 

" '  Attempts  have  been,  and  are  daily  and  hourly  made 
to  irritate  and  render  me  discontented  with  you ;  and  at  the 
same  time  to  seduce  me  into  pursuits  which  would  tend  to 


LIFE    OP   JOHN   JAY.  217 

lessen  your  good  opinion  of  my  honour  and  morals,  the 
most  infamous  falsehoods  have  been  reported,  even  to  your 
self,  by  the  same  perfidious  and  cruel  author.  Your  secre 
tary,  Mr.  William  Carmichael,  is  the  person  to  whom  I 
allude. 

"  '  Justly  incensed  and  disgusted  at  this  unprovoked  and 
inhuman  treatment,  actuated  by  the  most  honourable  and 
ardent  desire  of  exculpating  myself  from  aspersions  equally 
odious  and  illfounded,  and  of  obtaining  some  degree  of 
respect  among  my  present  deluded  acquaintances,  I  have 
formed  the  design  of  entering,  if  possible,  into  the  family  of 
his  grace  of  Crillon,  and  serving  as  a  volunteer  in  the  in 
tended  embarkation  from  Cadiz.  The  connexions  which  I 
may  there  form,  the  reputation  which  only  a  decent  line  of 
conduct  will  inevitably  procure,  may  perhaps  convince  the 
world  that  malice,  not  candour,  could  injure  me.  Mr.  Car 
michael  at  first  warmly  opposed  my  intention;  but  at 
present,  for  obvious  reasons,  stimulates  me  to  it  with  the 
most  artful  appearances  of  disinterested  friendship. 

" '  Whether  I  shall  succeed  or  not  is  as  yet  uncertain ;  but 
whatever  may  be  the  event,  these  considerations  maturely 
weighed  will,  I  hope,  induce  you  to  think  more  favourably 
of  the  design  of  your  excellency's 

"  *  Most  obedient  humble  servant, 

"  '  L.  LlTTLEPAGE. 

" '  His  excellency  John  Jay.' 

"  This  letter,  however,  was  not  such  as  I  wished  and 
expected  it  would  be,  for  instead  of  stating  accurately  the 
facts  and  transactions  he  had  related  to  me  respecting  Mr. 
Carmichael,  it  for  the  most  part  deals  in  general  charges, 
without  adducing  the  evidence  by  which  they  were  to  be 
supported.  It  was  the  facts  and  not  Mr.  Littlepage's  con 
clusions  from  them  that  I  wanted  to  fix ;  but  I  did  not  men 
tion  this  to  him,  lest  if  he  should  make  any  alterations,  they 
might  on  some  future  occasion  be  imputed  to  me. 

VOL.  I. F  F 


218  LIFE    OF   JOHN    JAY. 

"  Mr.  Littlepage  soon  after  went  to  Minorca,  and  returned 
with  much  credit  and  commendation  from  the  principal 
officers  on  that  expedition ;  he  resumed  his  place  in  my 
family,  and  continued  in  it  until  I  came  to  Paris  in  the 
spring  of  1782. 

"As  I  had  never  received  any  other  letter  from  his 
guardian  but  the  one  above  mentioned,  as  no  remittances 
had  arrived  or  seemed  likely  to  arrive,  and  my  advances 
began  to  run  high,  I  told  Mr.  Littlepage  in  the  month  of 
May,  1782,  that  I  could  go  no  further  ;  that  I  was  going  to 
Paris,  and  that  he  must  go  to  America,  from  whence,  after 
arranging  his  affairs,  he  might,  if  he  pleased,  return  to  me. 
He  begged  hard  that  I  would  maintain  him  in  Spain  till  he 
should  again  state  his  case  to  his  guardian,  and  receive  his 
answer.  I  at  length  consented,  and  allowed  him  until  the 
month  of  March  following,  promising  that  I  would  in  the 
mean  time  advance  to  him  for  his  subsistence  at  the  rate 
of  fifty  guineas  a  year,  provided  that  he  did  not  again  go 
into  the  army. 

"  We  parted  very  good  friends ;  he  promised  to  write  to 
me,  and  I  to  him  ;  and  as,  from  his  visiting  and  being  well 
received  by  some  of  the  first  people,  it  was  likely  he  might 
pick  up  some  useful  intelligence,  I  gave  him  a  cipher. 

"  In  the  spring  of  the  year  1784,  Mr.  Carmichael  came 
to  Paris  to  assist  in  settling  the  public  accounts  ;  when  that 
business  was  finished,  and  I  just  about  leaving  Paris  for 
America,  he  came  to  my  house,  and  we  went  together  into 
my  private  office.  He  expressed  in  a  very  handsome 
manner  the  uneasiness  he  experienced  from  the  coolness 
which  had  unhappily  existed  between  us,  and  wished  that 
all  cause  for  its  further  continuance  might,  be  removed  by 
a  free  and  friendly  explanation.  We  accordingly  entered 
into  it  with  great  temper,  and  discussed  a  variety  of  matters 
which  are  foreign  to  the  present  subject.  I  neither  showed 
nor  mentioned  to  him  Mr.  Littlepage's  letter,  nor  any  of  its 
contents.  In  the  course  of  the  conference  he  mentioned 


LIFE    OF   JOHN   JAY.  219 

him,  and  intimated  that  he  had  good  reason  to  believe  that 
Mr.  Littlepage  had  played  a  double  game  between  us ;  that 
after  I  had  left  Madrid,  he  had  taken  him  into  his  house  and 
lent  him  money;  and  that  Mr.  Littlepage  had  told  him  many 
things  to  my  disadvantage,  which  to  him  appeared  very 
extraordinary  and  improbable ;  and,  among  others,  that  I 
had  left  him  at  Madrid  expressly  to  be  a  spy  upon  him  (Mr. 
Carmichael),  and  had  given  him  a  cipher  for  the  purpose 
of  enabling  him  to  convey  to  me  his  advices  more  safely 
and  securely.  I  assured  Mr.  Carmichael  that  it  was,  what 
I  now  most  solemnly  declare  it  to  be,  a  most  impudent 
and  most  execrable  falsehood ;  and  he  did  not  hesitate  to  say 
that  he  really  believed  it  to  be  so  ;  and  had  there  been  no 
other  questions  between  us  but  what  arose  from  the  tales 
of  this  double  dealer,  that  conference  would  have  ended  all 
our  differences,  for  we  both  agreed  that  no  credit  was  due  to 
his  reports.  But  although  I  made  no  scruple  of  telling  Mr. 
Carmichael  that  his  suspicions  of  his  double  dealing  tricks 
were  well  founded,  yet  I  still  forbore  to  mention  or  show 
him  Littlepage's  letter  ;  for  I  could  not  prevail  upon  myself 
by  such  a  decisive  and  fatal  stroke  to  destroy  a  plant  which 
with  a  friendly  hand  I  had  been  accustomed  to  water  and 
protect ;  and  which  it  was  possible,  though  not  probable, 
might  one  day  produce  better  fruit. 

"  I  have,  however,  often  since  thought  that  I  permitted 
my  delicacy  to  carry  me  too  far  on  that  occasion,  and  that 
the  justice  due  both  to  Mr.  Carmichael  and  the  world  called 
upon  me  to  make  this  man  as  contemptible  in  their  eyes  as, 
if  he  has  any  grace  left,  he  must  be  in  his  own.  His 
remaining  at  Madrid  was  his  scheme,  not  mine,  for  I  wanted 
him  to  go  to  America. 

"  In  his  letter  to  his  guardian,  of  15th  May,  1782,  of 
which  I  have  a  copy,  he  says — '  Since  my  last  of  the  25th 
ult.,  Mr.  Jay  has  received  a  summons  to  France,  and  will 
in  consequence  leave  Madrid  immediately.  As  no  object, 
private  or  political,  could  justify  my  undertaking  so  expensive 


220  LIFE    OF   JOHN   JAY. 

a  journey  under  my  present  circumstances,  especially  con 
sidering  Mr.  Jay's  uncertain  stay  there,!  have  resolved, 
with  his  concurrence,  to  remain  here  till  the  month  of  March 
next,  when  I  shall  return  to  America,  if  your  surprising 
and  unaccountable  silence  still  continues.  He  will  advance 
as  my  exigencies  may  require,  not  exceeding  fifty  guineas 
per  year,  from  the  time  of  his  departure  till  next  March.' 

"  As,  therefore,  his  remaining  at  Madrid  was  his  own 
resolution,  and  to  which  I  did  not  consent  but  with  great 
reluctance,  after  long  and  strenuous  importunity  on  his  part, 
the  man  sinned  against  the  most  clear  convictions  of  his  own 
mind  when  he  wickedly  said  *  that  I  had  left  him  there  to  be 
a  spy  upon  Mr.  CarmichaeU 

"  Had  he  been  tempted  to  it  by  great  provocation,  it 
might  have  been  some  little  palliation ;  but  after  having 
parted  with  me  in  a  friendly  manner,  to  go  with  my  money 
in  his  "pocket,  and  my  meat  still  sticking  in  his  teeth,  to 
traduce  and  abuse  me  by  such  an  atrocious  falsehood  ;  and 
to  a  man  whom  he  himself  had  under  his  hand  represented 
as  one  of  the  most  vile, — and  then  to  enter  into  the  doors  of 
that  very  man,  and  there  smilingly  enjoy  his  munificence 
and  hospitality,  is,  to  be  sure,  a  stretch,  a  degree,  a  sublima 
tion  of  corruption  and  depravity  of  which  I  have  never 
known  another  instance  (except  perhaps  in  the  character 
of  lago),  and  I  pray  God  I  never  may. 

"  The  candid  and  impartial  public,  before  whom  I  stand, 
will,  I  am  persuaded,  think  with  me,  that  to  such  a  one  no 
compliments  were  due,  and  consequently  that  I  have  not 
acted  a  dishonourable  part  in  arresting  him  without  pre 
vious  notice  or  ceremony. 

"  It  remains  that  I  should  now  answer  to  the  last  accu 
sation  brought  against  me  by  this  false  accuser,  viz. 

"  That  I  did  not  despatch  his  business  referred  to  me  by 
Congress  so  soon  as  I  ought  to  have  done.  Such  a  charge, 
if  well  supported,  is  a  very  serious  one.  When  a  public 
officer,  high  in  trust  and  confidence,  and  sworn  faithfully 


UNIVERSITY  J 


LIFE    OF   JOHN   JAY.  221 

to  do  the  duties  of  his  office,  unnecessarily  delays  despatch 
ing  the  business  of  a  man  he  does  not  like,  merely  to  injure 
and  perplex  that  man,  he  certainly  is  guilty  of  a  very 
unwarrantable  abuse  of  his  station,  and  merits,  not  only 
censure,  but  punishment.  The  facts  are  as  follows. 

"  In  the  evening  of  the  25th  November,  I  received  at  my 
house  Mr.  Littlepage's  letter  of  that  day,  with  the  papers 
mentioned  in  it. 

"  In  the  morning  of  the  next  day,  viz.  of  the  26th  Novem 
ber,  I  transmitted  them  to  Congress. 

"  On  the  30th  November  they  were  pleased  to  refer  them 
to  me  to  report,  and  they  were  brought  to  my  office  late  in 
the  afternoon,  after  I  had  left  it. 

"  On  the  next  day,  viz.  1st  December,  I  immediately  set 
about  framing  my  report,  wrote  to  Mr.  Littlepage  for  cer 
tain  information,  and  on  receiving  it  proceeded  to  finish  the 
report,  though  very  late  in  the  day  ;  and  directed  it  to 
be  copied,  so  that  it  might  be  sent  to  Congress  the  next 
morning. 

"  On  the  2d  December  the  report  was  copied  and  trans 
mitted  to  Congress  between  12  and  1  o'clock.  It  never 
theless  came  too  late  to  be  read  that  day,  for  they  had 
already  adjourned  ;  but  that  was  not  my  fault. 

"  Whether  this  report  savours  of  personality,  or  whether 
it  bears  the  most  distant  marks  of  a  dispute  between  him 
and  me,  I  submit  to  the  judgment  and  candour  of  that  hon 
ourable  body. 

"  The  truth  really  is,  that  though  I  was  then  exceedingly 
pressed  by  other  business,  and  particularly  the  necessity  of 
preparing  despatches  to  go  by  the  vessels  then  about  to 
sail,  and  the  packets  soon  expected  to  sail,  yet  the  terms 
on  which  I  stood  with  Mr.  Littlepage  induced  me  to  post 
pone  all  business  till  his  should  be  despatched  ;  in  order 
that,  by  avoiding  all  delays,  there  might  be  no  room  what 
ever  for  the  imputations  which,  with  so  much  effrontery  and 
injustice,  he  nevertheless  labours  to  fix  upon  me. 


222  LIFE    OP   JOHN   JAY. 

"  I  admit  that  Mr.  Littlepage  wrote  me  a  letter  withdraw 
ing  his  application,  and  desiring  me  to  give  him  the  letters 
which  he  had  brought,  and  which  were  directed  to  his 
excellency  the  President  of  Congress.  Those  letters  were 
not  then  in  my  possession  ;  they  had,  according  to  the  usual 
practice  in  such  cases,  been  returned,  with  my  report,  to 
Congress,  and  of  this  I  informed  him  by  letter ;  but  had 
they  been  yet  in  my  office,  I  should  not  have  thought  myself 
authorized  to  give  them  to  anybody  without  an  order  from 
Congress. 

"  Thus  I  have  answered  particularly,  and  I  hope  satisfac 
torily,  to  the  several  charges  brought  against  me.  But 
unless  his  future  ones  should  be  supported  by  better  evi 
dence  than  his  word,  I  shall  not,  though  I  have  further 
proofs  of  his  corruption  in  my  power,  think  it  necessary  or 
proper  to  give  the  public  or  myself  any  further  trouble 
about  him  or  his  inventions. 

"  JOHN  JAY." 

Three  days  after  this,  Littlepage  published  a  long  and 
abusive  answer,  and  then  left  the  country  in  the  French 
packet ;  having  first  deposited  with  his  bail  money  to  pay 
the  debt. 

Mr.  Jay,  not  long  after,  published  a  pamphlet  containing 
a  voluminous  correspondence  that  had  passed  between  him 
self  and  his  assailant.  Seldom,  if  ever,  has  an  attack  tended, 
in  its  result,  to  elevate  the  character  of  him  against  whom 
it  was  directed  so  much  as  in  the  present  instance.  The 
correspondence  exhibited  in  such  strong  and  unequivocal 
colours,  both  the  benevolence  and  forbearance  of  the  ac 
cused,  and  the  ingratitude  and  turpitude  of  the  accuser, 
that  in  all  the  subsequent  assaults  made  upon  Mr.  Jay  by 
his  political  opponents,  they  never  thought  it  prudent,  in  a 
single  instance,  to  revive  the  recollection  of  Littlepage's 
charges. 

This  headstrong  young  man   insisted  on  entering  the 


LIFE    OF    JOHN    JAY.  223 

/ 

Spanish  service  ;  and  Mr.  Jay,  finding  all  remonstrances 
vain,  advanced  to  him,  from  his  own  pocket,  the  pay  of  a 
Spanish  captain  for  six  months,  and  8300  in  addition  for 
extra  expenses.  This  liberality,  however,  did  not  satisfy 
the  young  volunteer,  who  had  scarcely  arrived  at  his  des 
tination  before  he  demanded  permission  to  draw  upon  his 
patron  at  discretion.  This  was  of  course  refused,  but 
nevertheless  bills  drawn  by  Littlepage  were  soon  presented 
to  Mr.  Jay  for  payment,  the  funds  already  advanced  having 
been  quickly  dissipated  by  folly  and  extravagance.  Mr. 
Jay  declined  honouring  these  bills,  and  in  consequence 
received  many  most  insulting  letters  from  his  protege. 
The  following  extract  from  a  reply  to  one  more  than  ordi 
narily  abusive,  affords  ample  proof  of  the  kindness  and 
forbearance  with  which  this  misguided  young  man  was 
treated. 

"  Your  letter  renders  it  improper  for  me  to  attend  further 
to  your  situation,  than  to  offer  you  a  retreat  from  your  dis 
tresses.  You  may,  if  you  please,  resume  your  former  place 
in  my  family,  till  either  inclination  or  interest  may  induce 
you  to  quit  it.  My  future  behaviour  to  you  will  be  regu 
lated  by  the  opinion  you  may  give  me  reason  to  entertain 
of  the  propriety  of  your  own.  On  being  informed  that  this 
offer  is  acceptable  to  you,  I  will  provide  for  the  expense  of 
your  journey.  I  hope  your  answer  will  be  conceived  in 
terms  proper  for  you  to  use,  and  for  me  to  receive ;  and 
that  you  will  not,  by  a  repetition  of  insults,  reduce  me  to 
the  necessity  of  leaving  your  subsequent  letters,  not  only 
unanswered,  but  unopened." 

Littlepage's  distresses  at  last  repressed  his  insolence,  and 
on  the  first  indication  of  a  returning  sense  of  decency,  Mr. 
Jay  supplied  him  with  money  to  bear  his  expenses  to 
Madrid,  and  once  more  received  him  within  his  doors.  In 
1783  Littlepage  repaired  to  Paris,  and  asked  to  be  appointed 
the  bearer  of  the  definitive  treaty  to  America.  Another 
person  received  the  appointment,  on  which  Littlepage  chal- 


224  LIFE    OF   JOHN    JAY. 

lenged  Mr.  Jay  to  a  duel.  The  challenge  charged  him 
with  duplicity  respecting  the  appointment.  This  charge 
being  disproved  by  Mr.  Adams,  Littlepage  was  induced  to 
beg  Mr.  Jay's  pardon. 

It  may  perhaps  be  thought  singular,  that  Mr.  Jay  should 
have  deemed  it  necessary  to  vindicate  himself  from  the 
calumnies  of  such  a  man.  His  reasons  are  given  in  the 
conclusion  of  the  pamphlet : — "  Mr.  Jay  regrets  the  neces 
sity  he  found  himself  under  of  troubling  the  public  or  him 
self  with  any  remarks  on  Mr.  Littlepage  or  his  composi 
tions.  Had  he  and  they  not  been  patronised  by  persons  of 
more  importance  than  himself,  and  had  it  not  been  probable 
that  some  of  the  numerous  and  tale-telling  memoirs  which 
will  appear  in  the  next  century,  would  have  related  his 
calumnies  as  veritable  facts  and  anecdotes,  both  they  and 
their  author  would  have  been  treated  with  silent  neglect. 
Although  at  that  period  it  will  be  indifferent  to  Mr.  Jay 
whether  good  or  evil  be,  and  continue  to  be  spoken  of  him, 
until  the  great  day  when  truth  will  triumph ;  yet  as  his 
character  will  always  be  interesting  to  his  family  and  pos 
terity,  he  thinks  it  his  duty,  not  only  to  take  care  that  the 
principles  and  motives  of  his  conduct  be  pure  and  virtuous 
for  his  own  sake,  but  also  that  his  reputation  continue  fair 
and  spotless  for  their  sake." 

Some  of  the  following  letters  explain  the  above  allusion 
to  Littlepage's  patrons. 

"TO    THOMAS    JEFFERSON,  PARIS. 

"  New-York,  9th  December,  1785. 
"DEAR  SIR, 

"  From  the  public  papers  which  will  go  by  the  packet, 
you  will  perceive  that  a  very  indecent  attack  has  been  made 
upon  me  by  a  Mr.  Littlepage,  who  was  formerly  in  my 
family,  and  from  whom  I  merit  better  things.  It  has  so 
happened,  that  among  the  few  enemies  I  have,  the  far 


LIFE    OP   JOHN    JAY.  225 

greater  part  are  men  on  whom  I  have  conferred  essential 
benefits. 

"  This  young  man  does  not  stand  single.  I  have  no 
reason  to  suspect  that  he  is  supported  by  more  than  one 
single  American.  It  has  been  remarked  to  me  from  many 
quarters,  that  the  persons  who  have  stood  behind  him  in 
this  business  are  Frenchmen.  What  could  have  been  their 
views  can  only  be  a  matter  of  conjecture.  Whatever  may 
be  the  sentiments  of  their  court  respecting  me,  I  am  per 
suaded  that  such  conduct  will  not  recommend  them  to  their 
minister,  of  whose  good  sense  and  respect  for  propriety  I 
entertain  too  good  an  opinion,  to  suppose  that  such  exertions 
of  zeal  can  meet  with  his  approbation. 

"  It  has  not  escaped  the  notice  of  many,  that  the  sailing 
of  the  packet  has  been  delayed  several  days,  although  the 
wind  was  very  fair,  and  until  to-morrow,  when  a  very 
abusive  publication  against  me  now  in  the  press  is  to  make 
its  appearance  early  in  the  morning.  What  motives  influ 
enced  this  delay  is  apparent  to  me  from  certain  circum 
stances  not  proper  for  me  to  mention,  because  communicated 
to  me  in  confidence. 

"  I  shall  send  soon  a  duplicate  of  this  by  a  safe  opportu 
nity  ;  if  you  receive  this,  please  to  inform  me  of  it  by  the 
first  opportunity. 

"  I  am,  dear  sir, 

"  With  great  and  sincere  esteem  and  regard, 
"  Your  most  obedient  and  very  humble  servant, 

"JoHN  JAY." 

"TO    JOHN    ADAMS,   LONDON. 

"  New- York,  2d  Feb.,  178S. 

"  DEAR  SIR, 

"  I  lately  wrote  you  a  few  hasty  lines  just  as  the  vessel 
was  departing,  and  enclosed  a  pamphlet  containing  my  cor 
respondence  with  a  Mr.  Littlepage,  who  was  formerly  in 
my  family. 

VOL.  I.- 


226  LIFE   OF   JOHN   JAY. 

"  The  attack  which  produced  that  pamphlet  was  not  only 
countenanced,  but  stimulated  by  some  of  the  subjects  of  our 
good  ally  here.  It  is  no  secret  to  either  you  or  me  that  I 
am  no  favourite  with  them,  nor  have  I  any  reason  to  appre 
hend  that  they  are  pleased  to  see  me  in  the  place  I  now 
fill.  A  minister  whose  eye  is  single,  and  steadily  fixed  on 
the  interest  of  America,  must  expect  to  be  opposed  by  the 
unfriendly  influence  of  those  whose  wishes  and  measures 
he  does  not  promote. 

"  I  should  have  treated  this  attack  with  silent  contempt, 
had  not  false  facts  been  urged,  propagated,  and  impressed 
with  industry  and  art ;  and  which,  if  not  exposed  and 
refuted,  might  have  appeared  after  my  death  in  the  memoirs 
of  some  of  these  people. 

"  With  great  and  sincere  esteem  and  regard, 
"  I  am,  dear  sir, 

"Your  friend  and  servant, 

"JoHN  JAY." 

"  FROM   THOMAS    JEFFERSON. 

"Paris,  Jan.  25th,  1786. 

"  DEAR  SIR, 

"  I  received  on  the  18th  instant  your  private  favour  of 
December  9th,  and  thank  you  for  the  confidence  you  are  so 
good  as  to  repose  in  me,  of  which  that  communication  is  a 
proof ;  as  such  it  is  a  gratification  to  me,  because  it  meets 
the  esteem  I  have  ever  borne  you.  But  nothing  was  needed 
to  keep  my  mind  right  on  that  subject,  and,  I  believe  I  may 
say,  the  public  mind  here.  The  sentiments  entertained  of 
you  in  this  place  are  too  respectful  to  be  easily  shaken. 
The  person  of  whom  you  speak  in  your  letter  arrived  here 
on  the  19th,  and  departed  for  Warsaw  on  the  22d.  It  is 
really  to  be  lamented  that  after  a  public  servant  has 
passed  a  life  in  important  and  faithful  services — after  hav 
ing  given  the  most  plenary  satisfaction  in  every  station, — it 
should  yet  be  in  the  power  of  every  individual  to  disturb 


LIFE    OP    JOHN    JAY.  227 

his  quiet,  by  arraigning  him  in  a  gazette,  and  by  obliging 
him  to  act  as  if  he  needed  a  defence — an  obligation  imposed 
on  him  by  unthinking  minds  which  never,  give  themselves 
the  trouble  of  seeking  a  reflection  unless  it  be  presented 
to  them 

"  Your  quiet  may  have  suffered  for  a  moment  on  this 
occasion,  but  you  have  the  strongest  of  all  supports,  that  of 
the  public  esteem ;  it  is  unnecessary  to  add  assurances  of 
that  with  which  I  have  the  honour  to  be,  dear  sir, 
"  Your  most  obedient 

"  And  most  humble  servant, 

"  TH.  JEFFERSON." 

"  TO  JOHN  JAY. 

"  Grosvenor-square,  Feb.  14th,  1786, 

"  DEAR  SIR, 

"  I  have  received  your  letter,  enclosing  two  pamphlets ; 
one  of  which  I  have  sent  to  Mr.  Jefferson  by  Colonel  Hum 
phreys,  who  sets  out  for  Paris  this  morning. 

"  These  letters  will  be  sufficient  to  show  any  man  of 
common  decency  the  characters  of  the  writers.  On  one 
side  there  is  the  condescension  of  a  provident  but  indul 
gent  father  ;  on  the  other,  the  impertinence  and  ingratitude 
of  a  prodigal  son,  not  yet  reduced  to  the  mortification  of 
eating  husks  with  the  swine. 

"  What  with  the  impudence  of  some  of  our  young  men, 
who,  like  Littlepage,  are  natives  of  America ;  and  what 
with  the  assurance  of  some  others,  who  assume  the  Ameri 
can  character  with  less  pretensions  to  it — our  country  suf 
fers  very  much  in  its  reputation. 

"  The  scene  to  which  I  was  witness  is  truly  and  can 
didly  described,  and  I  have  so  certified  to  Mr.  Jefferson 
and  others. 

"  It  is  indeed  a  mortifying  consideration,  that  neither 
purity  of  character,  rank  in  society,  nor  any  degree  of 
merit  or  reputation,  should  be  a  protection  against 


228  LIFE    OP    JOHN    JAY. 

rude  and  virulent  attacks,  which,  however  despised  or 
resented  by  virtuous  and  judicious  men,  are  commonly 
received  and  applauded,  without  thinking,  by  the  profli 
gate,  and  with  malignity  by  the  designing.  Even  such 
extravagants  as  Littlepage,  as  you  and  I  have  known 
before,  are  sometimes  cherished  and  courted  for  the 
deliberate,  though  secret,  purpose  of  doing  business  which 
cannot  be  done  by  fairer  means. 

"  In  this  case  I  rely  upon  it  that  no  injury  will  be  done 
to  you.  The  attempt  is  too  gross. 

"  With  great  esteem  and  affection, 
"  I  have  the  honour  to  be, 

"  Dear  sir, 
"Your  friend  and  servant, 

"  JOHN  ADAMS." 

"  TO  JOHN  JAY. 

"  Charleston,  March  27th,  1787. 

****** 

"  I  thank  you  for  the  copy  of  Mr.  Adams's  letter.  It 
was  not  wanted  to  convince  me  of  your  integrity.  I  have 
known  you  from  the  earliest  period  of  your  political  life, 
and  have  seen  too  many  proofs  of  your  inflexible  attach 
ment  to  justice,  and  your  sacred  regard  to  truth,  to  be 
moved  in  my  good  opinion  of  you  by  the  scurrilous  reflec 
tions  of  an  impudent  and  thankless  boy.  But  others  may 
have  formed  a  less  worthy  opinion.  In  this  part  of  the  world, 
however,  such  an  opinion  shall  not  take  root.  Indeed,  the 
youth  is  censured  for  his  ingratitude,  wherever  the  subject 
is  mentioned.  It  is  truly,  my  friend,  a  melancholy  con 
sideration,  that  such  returns  as  you  have  experienced  are 
too  frequently  made  for  the  kindest  actions.  But,  while 
they  afford  a  disagreeable  picture  of  human  nature,  they 
heighten  the  merit  of  our  conduct,  by  giving  to  virtue  no 
other  reward  than  the  reflection  of  having  done  well,  from 
&*$  most  upright  and  disinterested  motives.  This  consola- 


LIFE    OF    JOHN    JAY.  229 

tion  will  never  leave  you,  and  so  long  as  it  remains  you 
will  preserve  the  friendship  of  those  whose  esteem  you 
value  the  most. 

"  Adieu,  my  dear  friend, 
"  And  believe  me  to  be  such  to  you  for  ever, 

"  ED.  RUTLEPGE." 

"  FROM    G.    MASON,    JUN.    ESQ. 

"Lexington,  July  23d,  1787. 

"  DEAR  SIR, 

"  I  have  lately  seen  a  pamphlet  containing  a  correspond 
ence  between  you  and  our  Virginia  Quixote.  I  cannot 
think  it  was  worth  your  while  to  have  taken  notice  of  his 
publication,  though  circumstances  which  I  am  not  ac 
quainted  with  might  have  made  it  necessary.  I  was  much 
diverted  with  one  paragraph  in  his  last  publication :  *  I 
abruptly  left  Richmond  towards  the  last  of  October.' 
Very  probable ;  for  I  have  been  told,  he  had  taken  up 
money  by  drawing  on  fictitious  characters  in  Europe  ;  and 
I  presume  towards  the  last  of  October  the  bills  were  re 
turning."  *  *  *  *  * 

It  is  now  time  to  notice  the  early  and  consistent  opinions 
and  conduct  of  Mr.  Jay  on  the  subject  of  slavery.  We 
have  already  seen  that  it  was  probably  owing  to  his  acci 
dental  absence  from  the  New- York  Convention,  that  the 
constitution  then  formed  did  not  provide  for  the  extinction 
of  slavery  in  that  State.  In  the  year  1 780,  while  in  Spain 
he  thus  wrote  to  his  friend  Mr.  Benson,  the  attorney-gene 
ral  of  New-York : — 

"  The  State  of  New- York  is  rarely  out  of  my  mind 
or  heart,  and  I  am  often  disposed  to  write  much  re 
specting  its  affairs ;  but  I  have  so  little  information  as 
to  its  present  political  objects  and  operations,  that  I  am 
afraid  to  attempt  it.  An  excellent  law  might  be  made 
out  of  the  Pennsylvania  one,  for  the  gradual  abolition 
of  slavery.  Till  America  comes  into  this  measure,  her 


230  LIFE    OF    JOHN    JAY. 

prayers  to  Heaven  for  liberty  will  be  impious.  This  is  a 
strong  expression,  but  it  is  just.  Were  I  in  your  Legislature, 
I  would  prepare  a  bill  for  the  purpose  with  great  care,  and 
I  would  never  cease  moving  it  till  it  became  a  law,  or  I 
ceased  to  be  a  member.  I  believe  God  governs  the  world, 
and  I  believe  it  to  be  a  maxim  in  his,  as  in  our  court,  that 
those  who  ask  for  equity,  ought  to  do  it." 

The  union  of  principle  and  practice  displayed  in  the 
annexed  instrument  will,  it  is  hoped,  excuse  its  insertion  in 
this  place. 

"  To  all  to  whom  these  presents  shall  come  or  may  concern. 
I,  JOHN  JAY,  of  the  city  of  New- York,  in  America,  Esq., 
but  now  residing  at  Chaillot,  near  Paris,  in  France,  send 
greeting.  WHEREAS,  in  the  month  of  December,  in  the 
year  1779,  I  purchased  at  Martinico,  a  negro  boy,  named 
Benoit,  who  has  ever  since  been  with  me  : 

"  AND  WHEREAS,  the  children  of  men  are  by  nature 
equally  free,  and  cannot  without  injustice  be  either  reduced 
to  or  held  in  slavery ;  and  WHEREAS,  it  is  therefore  right, 
that  after  the  said  Benoit  shall  have  served  me  until  the 
value  of  his  services  amount  to  a  moderate  compensation 
for  the  money  expended  for  him,  he  should  be  manumitted  ; 
and  whereas  his  services  for  three  years  more  would,  in 
my  opinion,  be  sufficient  for  that  purpose.  Now,  KNOW 
YE,  that  if  the  said  Benoit  shall  continue  to  serve  me  with  a 
common  and  reasonable  degree  of  fidelity  for  three  years 
from  the  date  hereof,  he  shall  ever  afterward  be  a  free  man. 
And  I  do,  for  myself,  my  heirs,  executors,  and  adminis 
trators,  consent,  agree,  and  declare,  that  all  my  right  and 
title  to  the  said  Benoit  shall  then  cease,  determine,  and 
become  absolutely  null  and  void,  and  that  he  shall  thence 
forth  be  as  free  to  all  intents  and  purposes  as  if  he  had 
never  been  a  slave.  In  witness  whereof,  I  have  hereunto 
set  my  hand  and  seal,  at  Chaillot,  the  21st  day  of  March, 
in  the  year  of  our  Lord  1784. 

"JoHN  JAY."     (L.S.) 


LIFE    OP   JOHN   JAY.  231 

Early  in  1785  a  society  was  formed  in  New- York  under 
the  name  of  "  The  Society  for  promoting  the  Manumission 
of  Slaves,  and  protecting  such  of  them  as  have  been  or 
may  be  liberated."  Of  this  society  Mr.  Jay  was  elected 
the  president,  and  notwithstanding  the  pressure  of  his  public 
business,  he  accepted  the  office,  and  actively  discharged  its 
duties. 

To  a  gentleman  who  informed  him  that  a  free  negro  had 
been  kidnapped  at  New-York,  and  carried  to  South  Carolina 
for  sale,  he  wrote  : 

"  I  have  been  favoured  with  your  letter,  and  immediately 
communicated  it  to  the  committee  of  our  society  for  pro 
moting  the  liberation  of  slaves,  and  protecting  such  as  may 
be  manumitted.  They  are  taking  proper  measures  on  the 
occasion,  and  I  flatter  myself  that  our  Legislature  will  inter 
fere  to  prevent  such  enormities  in  future. 

"  It  is  much  to  be  wished  that  slavery  may  be  abolished. 
The  honour  of  the  States,  as  well  as  justice  and  humanity, 
in  my  opinion,  loudly  call  upon  them  to  emancipate  these 
unhappy  people.  To  contend  for  our  own  liberty,  and  to 
deny  that  blessing  to  others,  involves  an  inconsistency  not 
to  be  excused. 

"  Whatever  may  be  the  issue  of  the  endeavours  of  you 
and  others  to  promote  this  desirable  end,  the  reflection  that 
they  are  prompted  by  the  best  motives,  affords  good  reasons 
for  persevering  in  them." 

The  hope  expressed  in  this  letter  of  legislative  interference, 
was  probably  founded  on  a  memorial  to  the  Legislature, 
draughted  by  Mr.  Jay,  praying  for  an  act  prohibiting  the 
exportation  of  slaves  from  the  State.  The  language  of  the 
memorial  was  strong  and  unequivocal.  It  began  :  "  Your 
memorialists,  being  deeply  affected  by  the  situation  of  those, 
who,  free  by  the  laws  of  God,  are  held  in  slavery  by  the 
laws  of  this  State,  view  with  pain  and  regret  the  additional 
miseries  which  those  unhappy  people  experience  from  the 
practice  of  exporting  them  like  cattle,  and  other  articles 


232  LIFE    OF    JOHN    JAY. 

of  commerce,  to  the  West  Indies  and  the  southern 
States." 

But  Mr.  Jay  was,  unhappily,  far  in  advance  of  public 
opinion  on  the  subject  of  slavery.  It  was  only  by  slow 
degrees,  and  through  the  patient  and  persevering  efforts  of 
himself  and  a  few  other  zealous  pioneers,  that  the  obstacles 
which  retarded  the  progress  of  freedom  were  gradually  re 
moved,  and  slavery  exterminated  from  the  soil  of  New- York. 
He  was  permitted  by  Providence  to  witness  in  his  old  age 
this  glorious  consummation  of  his  early  wishes  and  labours. 

In  1788  a  society  in  France,  and  another  in  England, 
formed  for  promoting  the  abolition  of  slavery,  opened  a 
correspondence  with  the  New-York  society  through  its 
president.  The  following  letter  to  the  English  society  was 
from  his  pen. 

"  GENTLEMEN, 

"  Our  society  has  been  favoured  with  your  letter  of  the 
1st  of  May  last,  and  are  happy  that  efforts  so  honourable 
to  the  nation  are  making  in  your  country  to  promote  the 
cause  of  justice  and  humanity  relative  to  the  Africans. 
That  they  who  know  the  value  of  liberty,  and  are  blessed 
with  the  enjoyment  of  it,  ought  not  to  subject  others  to 
slavery,  is,  like  most  other  moral  precepts,  more  generally 
admitted  in  theory  than  observed  in  practice.  This  will 
continue  to  be  too  much  the  case  while  men  are  impelled  to 
action  by  their  passions  rather  than  their  reason,  and  while 
they  are  more  solicitous  to  acquire  wealth  than  to  do  as 
they  would  be  done  by.  Hence  it  is  that  India  and  Africa 
experience  unmerited  oppression  from  nations  who  have 
been  long  distinguished  by  their  attachment  to  their  civil 
and  religious  liberties  ;  but  who  have  expended  not  much 
less  blood  and  treasure  in  violating  the  rights  of  others, 
than  in  defending  their  own.  The  United  States  are  far 
from  being  irreproachable  in  this  respect.  It  undoubtedly 
is  very  inconsistent  with  their  declarations  on  the  subject  of 


LIFE    OF   JOHN   JAY.  233 

human  rights  to  permit  a  single  slave  to  be  found  within 
their  jurisdiction,  and  we  confess  the  justice  of  your  stric 
tures  on  that  head. 

"  Permit  us,  however,  to  observe,  that  although  conse 
quences  ought  not  to  deter  us  from  doing  what  is  right,  yet 
that  it  is  not  easy  to  persuade  men  in  general  to  act  on  that 
magnanimous  and  disinterested  principle.  It  is  well  known 
that  errors,  either  in  opinion  or  practice,  long  entertained  or 
indulged  are  difficult  to  eradicate,  and  particularly  so 
when  they  have  become,  as  it  were,  incorporated  in  the 
civil  institutions  and  domestic  economy  of  a  whole  people. 

"  Prior  to  the  late  revolution,  the  great  majority,  or 
rather  the  great  body  of  our  people  had  been  so  long  ac 
customed  to  the  practice  and  convenience  of  having  slaves, 
that  very  few  among  them  even  doubted  the  propriety  and 
rectitude  of  it.  Some  liberal  and  conscientious  men  had, 
indeed,  by  their  conduct  and  writings,  drawn  the  lawfulness 
of  slavery  into  question,  and  they  made  converts  to  that 
opinion ;  but  the  number  of  those  converts  compared  with 
the  people  at  large,  was  then  very  inconsiderable.  Their 
doctrines  prevailed  by  almost  insensible  degrees,  and  was 
like  the  little  lump  of  leaven  which  was  put  into  three 
measures  of  meal :  even  at  this  day,  the  whole  mass  is  far 
from  being  leavened,  though  we  have  good  reason  to  hope 
and  to  believe  that  if  the  natural  operations  of  truth  are 
constantly  watched  and  assisted,  but  not  forced  and  pre 
cipitated,  that  end  we  all  aim  at  will  finally  be  attained  in 
this  country. 

"  The  Convention  who  formed  and  recommended  the 
new  constitution  had  an  arduous  task  to  perform,  especially 
as  local  interests,  and  in  some  measure  local  prejudices, 
were  to  be  accommodated.  Several  of  the  States  con 
ceived  that  restraints  on  slavery  might  be  too  rapid  to  con 
sist  with  their  particular  circumstances ;  and  the  importance 
of  union  rendered  it  necessary  that  their  wishes  on  that 
head  should,  in  some  degree,  be  gratified. 

VOL.   I. H  H 


234  LIFE    OF    JOHN    JAY. 

"  It  gives  us  pleasure  to  inform  you,  that  a  disposition 
favourable  to  our  views  and  wishes  prevails  more  and 
more,  and  that  it  has  already  had  an  influence  on  our  laws. 
When  it  is  considered  how  many  of  the  legislators  in  the 
different  States  are  proprietors  of  slaves,  and  what  opinions 
and  prejudices  they  have  imbibed  on  the  subject  from  their 
infancy,  a  sudden  and  total  stop  to  this  species  of  oppres 
sion  is  not  to  be  expected. 

"  We  will  cheerfully  co-operate  with  you  in  endeavour 
ing  to  procure  advocates  for  the  same  cause  in  other  coun 
tries,  and  perfectly  approve  and  commend  your  establishing 
a  correspondence  in  France.  It  appears  to  have  produced 
the  desired  effect ;  for  Mons.  De  Warville,  the  secretary 
of  a  society  for  the  like  benevolent  purpose  at  Paris,  is  now 
here ;  and  comes  instructed  to  establish  a  correspondence 
with  us,  and  to  collect  such  information  as  may  promote 
our  common  views.  He  delivered  to  our  society  an  ex 
tract  from  the  minutes  of  your  proceedings,  dated  8th  of 
April  last,  recommending  him  to  our  attention ;  and  upon 
that  occasion  they  passed  the  resolutions  of  which  the  en 
closed  are  copies. 

"  We  arc  much  obliged  by  the  pamphlets  enclosed  with 
your  letter,  and  shall  constantly  make  such  communications 
to  you  as  may  appear  to  us  interesting. 

"  By  a  report  of  the  Committee  for  superintending  the 
school  we  have  established  in  this  city  for  the  education  of 
negro  children,  we  find  that  proper  attention  is  paid  to  it, 
and  that  scholars  are  now  taught  in  it.  By  the  laws 

of  this  State,  masters  may  now  liberate  healthy  slaves  of  a 
proper  age  without  giving  security  that  they  shall  not 
become  a  parish  charge ;  and  the  exportation  as  well  as 
importation  of  them  is  prohibited.  The  State  has  also 
manumitted  such  as  became  its  property  by  confiscation ; 
and  we  have  reason  to  expect  that  the  maxim,  that  every 
man,  of  whatever  colour,  is  to  be  presumed  to  be  free  until 
the  contrary  be  shown,  will  prevail  in  our  courts  of  justice. 


LIFE    OF   JOHN   JAY.  235 

Manumissions  daily  become  more  common  among  us ;  and 
the  treatment  which  slaves  in  general  meet  with  in  this 
State  is  very  little  different  from  that  of  other  servants. 
"  I  have  the  honour  to  be,  gentlemen, 

"  Your  humble  servant, 
"JoHN  JAY, 

"President  of  the  Society  for  Promoting  the  Manumission  of  Slaves" 

The  society  neither  expected  nor  attempted  to  effect 
any  sudden  alteration  in  the  laws  relating  to  slavery,  but 
its  exertions  were  chiefly  directed  to  the  protection  of 
manumitted  slaves,  and  to  the  education  of  coloured  chil 
dren.  Mr.  Jay  continued  at  the  head  of  the  society  until 
he  became  chief  justice  of  the  United  States,  when,  thinking 
it  possible  that  questions  might  be  brought  before  him  in 
which  the  society  was  interested,  he  deemed  it  proper  to 
dissolve  his  official  connexion  with  it. 

In  the  year  1798,  being  called  on  by  the  United  States 
marshal  for  an  account  of  his  taxable  property,  he  accom 
panied  a  list  of  his  slaves  with  the  following  observations  : 

"  I  purchase  slaves,  and  manumit  them  at  proper  ages, 
and  when  their  faithful  services  shall  have  afforded  a  rea 
sonable  retribution." 

As  free  servants  became  more  common,  he  was  gradu 
ally  relieved  from  the  necessity  of  purchasing  slaves ;  and 
the  two  last  which  he  manumitted  he  retained  for  many 
years  in  his  family,  at  the  customary  wages. 

1 786.]  The  negotiation  between  Mr.  Jay  and  the  Spanish 
minister  had  been  a  long  time  suspended  by  the  conflicting 
determination  of  the  two  governments,  respecting  the  navi 
gation  of  the  Mississippi.  Congress  had  expressly  ordered 
the  secretary  to  stipulate  both  for  the  territory  claimed  by 
the  United  States,  and  for  the  navigation  of  the  Mississippi 
from  its  source  to  the  ocean.  Mr.  Gardoqui,  on  the  other 
hand,  declared  that  the  king  would  never  permit  any  nation 
to  use  that  river,  both  banks  of  which  belonged  to  him,  and 


23(5  LIFE    OP   JOHN   JAY. 

that  the  treaty  between  Great  Britain  and  the  United  States 
could  in  no  way  affect  his  rights.  The  state  of  the  nego 
tiation  left  to  the  United  States  only  the  alternative  of  let 
ting  their  claims  lie  dormant  for  the  present,  or  of  enforcing 
them  by  arms.  Under  these  circumstances,  Congress  sum 
moned  the  secretary  before  them  on  the  3d  September,  for 
the  purpose  of  learning  his  views  on  the  subject.  He  ad 
dressed  them  in  a  speech,  which  was  reduced  to  writing  and 
inserted  on  their  minutes.  He  informed  Congress  that 
Spain  was  ready  to  grant  the  United  States  extensive  and 
highly  valuable  commercial  privileges  ;  and  that  it  was  in 
her  power,  by  her  influence  with  the  Barbary  powers,  and 
by  her  intimate  connexion  with  France  and  Portugal, 
greatly  to  injure  the  commerce  of  America  and  to  benefit 
that  of  England.  But  that  at  present,  the  questions  respect 
ing  the  Mississippi  and  the  territorial  limits  prevented  any 
commercial  arrangements  whatever ;  that  his  own  opinion 
of  the  justice  and  importance  of  the  claims  advanced  by  the 
United  States  had  undergone  no  change ;  but  that,  under 
present  circumstances,  he  thought  it  would  be  expedient  to 
conclude  a  treaty  with  Spain  limited  to  twenty  or  thirty 
years,  and  for  the  United  States  to  stipulate  that  they 
would,  during  the  term  of  the  treaty,  forbear  to  navigate 
the  Mississippi  below  their  southern  boundary.  This  opinion 
was  founded  on  the  consideration,  that  however  important 
that  navigation  might  ultimately  be,  it  would  not  probably 
be  very  essential  during  the  proposed  term,  and  that  there 
fore  it  might  be  good  policy  to  consent  not  to  use,  for  a  cer 
tain  period,  what  they  did  not  want,  in  consideration  of 
valuable  commercial  concessions. 

This  consideration  was  strengthened  by  the  fact,  that  the 
United  States  could  not  at  present  possess  themselves  of 
this  navigation,  except  by  force  of  arms,  and  they  were  not 
in  a  condition  at  present  to  go  to  war  with  any  nation  what 
ever  ;  and,  moreover,  that  a  large  portion  of  the  confedera 
tion  would  certainly  refuse  to  bear  the  burden  of  a  war 


LIFE    OF   JOHN    JAY.  237 

with  Spain,  for  an  object  in  which  they  were  not  imme 
diately  interested. 

This  speech  gave  great  and  lasting  offence  to  the  south 
ern  members  of  Congress,  and  a  motion  was  made  to 
revoke  the  commission  that  had  been  given  to  Mr.  Jay  to 
conduct  the  negotiation.  This  attempt  to  disgrace  the  sec 
retary  was  supported  by  every  delegate  from  the  southern 
States,  with  a  single  exception,  and  was  defeated  by  the 
unanimous  vote  of  all  the  other  members. 

It  is  interesting  to  compare  the  consistency  of  Mr.  Jay 
on  this  subject,  with  the  fluctuating  policy  of  those  who 
now  reprobated  the  advice  he  had  given. 

We  have  seen  that  his  conviction  of  the  future  import 
ance  of  the  navigation  of  the  Mississippi  was  so  strong,  that 
there  was  but  one  equivalent  which  he  was  at  any  time 
willing  to  receive  for  it;  and  this  was,  the  independence  of 
his  country.  While  the  result  of  the  conflict  was  doubtful, 
and  while  Spain  was  at  peace  with  England,  he  was  dis 
posed  to  relinquish  this  right  on  condition  that  Spain  would 
acknowledge  the  independence  of  the  United  States,  and 
make  common  cause  with  them  in  supporting  it.  But  after 
Spain  had  engaged  in  the  war  for  objects  of  her  own.  and 
after  the  victories  in  America  had  placed  the  independence 
of  the  country  beyond  hazard,  there  was  nothing  that  Spain 
could  offer,  for  which  he  would  have  bartered  this  import 
ant  right.  Far  different,  however,  was  the  estimate  which 
the  southern  States  then  placed  on  their  claim  to  this  naviga 
tion.  So  late  as  the  15th  February,  1781,  after  a  British 
army  had  been  captured — after  France  had  not  only  entered 
into  an  alliance  with  the  United  States,  but  had  furnished 
them  with  large  supplies  of  money  and  military  stores — 
after  her  armies  and  fleets  had  co-operated  with  the  Ameri 
can  forces, — and  after  Spain  had  been  added  to  the  enemies 
of  Britain,  Congress,  at  the  instance  of  the  Virginia  delega 
tion,  ordered  Mr.  Jay  to  make  a  formal  surrender  of  the 
right  to  navigate  the  Mississippi,  from  the  31°  of  north 


238  LIFE    OF   JOHN    JAY. 

latitude  to  the  ocean,  on  the  sole  condition  that  his  Catholic 
majesty  would  permit  American  citizens  to  use  the  river  so 
far  as  it  bounded  their  own  territory. 

It  is  singular  that  the  delegates  from  the  same  State,  after 
the  delivery  of  Mr.  Jay's  speech,  should  have  introduced  a 
series  of  resolutions,  with  a  preamble,  denying  the  right  of 
Congress  to  suspend  the  navigation  of  the  river  below  their 
territory  by  a  treaty  of  commerce,  because  that  would  be 
to  "  dismember  the  government  !"* 

The  northern  and  eastern  States,  by  a  unanimous  vote, 
which  constituted  a  majority,  acceded  to  Mr.  Jay's  views, 
and  instructed  him  to  make  the  acknowledgment  by  Spain 
of  the  territorial  limits  of  the  United  States,  as  fixed  by  the 
treaty  of  peace,  a  sine  qua  non ;  and  authorized  him,  if  he 
found  it  necessary,  to  consent  to  a  suspension  of  the  navi 
gation  of  the  Mississippi  below  their  southern  boundary  for 
twenty  years. 

The  Spanish  minister,  however,  would  not  consent  to 
any  stipulation  whatever  implying  a  right  in  the  United 
States  to  the  navigation  in  question.  The  negotiation  was 
protracted,  but  agreeably  to  Mr.  Jay's  original  expectation, 
proved  fruitless,  and  was  finally  terminated  by  Mr.  Gar- 
doqui's  return  to  Europe. 

By  the  treaty  of  peace  Great  Britain  was  bound  to  with 
draw  with  all  convenient  speed  her  armies,  garrisons,  and 
fleets  from  every  port,  place,  and  harbour  in  the  United 
States.  Notwithstanding  this  positive  stipulation,  various 
military  posts  along  the  northern  and  western  frontier  of 
the  United  States,  and  within  their  acknowledged  limits, 
continued  to  be  garrisoned  by  British  troops.  This  infrac 
tion  of  the  treaty  excited  much  uneasiness  in  Congress  and 
among  their  constituents,  and  Mr.  Adams,  the  American 
minister  in  London,  was  directed  to  present  a  remonstrance 
on  the  subject  to  that  court.  He  accordingly,  on  the  30th 

*  Secret  Journal  of  Congress,  vol.  iv.  p.  100. 


LIFE    OF   JOHN    JAY.  239 

November,  1785,  addressed  a  memorial  to  the  ministry, 
demanding  the  immediate  removal  of  the  garrisons  from  no 
less  than  seven  specified  posts  in  the  United  States.  To 
this  paper  a  reply  was  received,  most  humiliating  to  the 
United  States.  The  British  minister  admitted,  in  the  most 
explicit  terms,  that  the  detention  of  the  posts  was  contrary 
to  the  treaty,  and  at  the  same  time  declared  that  it  was  his 
majesty's  intention  to'  act  in  perfect  accordance  with  the 
strictest  principles  of  justice  and  good  faith.  To  reconcile 
this  declaration  with  his  conduct  in  regard  to  the  posts,  the 
minister  called  Mr.  Adams's  attention  to  the  4th  article  of 
the  treaty,  which  stipulated  "  that  creditors  on  either  side 
should  meet  with  no  lawful  impediment  to  the  recovery  of 
the  full  value  in  sterling  money  of  all  bona  fide  debts  hereto 
fore  contracted."  He  then  pointed  out  various  instances  in 
which  British  creditors,  in  manifest  violation  of  the  ar 
ticle,  were  debarred  by  the  laws  of  several  States  from  re 
covering  their  just  debts  ;  and  he  assured  Mr.  Adams  that 
as  soon  as  the  United  States  should  evince  a  disposition 
to  observe  the  treaty  on  their  part,  his  majesty  would  with 
out  delay  manifest  a  corresponding  disposition.  This  answer 
and  the  documents  which  accompanied  it  so  incontestably 
established  the  infraction  of  the  treaty  by  the  State  Legis 
latures,  that  Mr.  Adams  was  left  without  a  reply,  and  all 
he  could  do  was  to  transmit  the  correspondence  to  Con 
gress,  by  whom  it  was  referred  to  the  secretary  for  foreign 
affairs. 

Neither  Mr.  Jay's  patriotism  nor  his  morality  ever  per 
mitted  him  to  palliate  wrong,  because  committed  by  his 
country.  On  the  13th  October  he  presented  to  Congress 
an  elaborate  report,  in  which  he  entered  into  a  minute  ex 
amination  of  the  acts  of  the  several  States,  and  showed 
conclusively  that  Massachusetts,  Pennsylvania,  Virginia, 
South  Carolina,  and  New- York  had  each  been  guilty  of 
violating  the  provisions  of  the  treaty.  He  next  proceeded 
to  inquire  whether  the  conduct  of  Great  Britain  herself 


240  LIFE    OF   JOHN    JAY. 

had  justified  these  acts.  "  Your  secretary,"  observed  the 
report,  "  is  about  to  say  unpopular  things,  but  higher  mo 
tives  than  personal  considerations  press  him  to  proceed." 
He  then  alluded  to  certain  slaves  who  had  eloped  from  their 
masters  during  the  war,  and  had  been  carried  away  by  the 
British ;  they  having  accepted  the  protection  offered  to 
them  by  the  royal  commanders.  He  boldly  vindicated 
the  British  for  keeping  their  faith  with  these  people ;  but 
maintained  that  the  spirit  of  the  treaty  might  and  ought 
to  be  fulfilled  by  the  British  government  paying  to  the 
masters  an  equivalent  in  money.  The  report  then  showed 
that  the  legislative  acts,  restraining  the  collection  of  debts 
due  to  British  subjects,  continued  in  force  at  and  from  the 
time  the  treaty  was  ratified  by  Congress,  which  was 
several  months  before  it  was  ratified  by  England,  and  of 
course,  that  the  first  infraction  of  it  was  on  the  part  of  the 
United  States.  "  Under  such  circumstances  it  is  not  a 
matter  of  surprise  to  your  secretary  that  the  posts  are 
detained ;  nor,  in  his  opinion,  would  Britain  be  to  blame  in 
continuing  to  hold  them  until  America  shall  cease  to  impede 
her  enjoying  every  essential  right,  secured  to  her  and  her 
people  and  adherents  by  the  treaty." 

He  then  advised  Congress  to  declare  that  all  laws  en 
acted  by  the  several  States  repugnant  to  the  treaty  should 
be  repealed ;  and  to  recommend  to  the  States  to  pass  a 
general  act  for  their  repeal.  He  further  proposed  that  Mr. 
Adams  should  be  instructed  candidly  to  admit  that  the 
treaty  had  been  violated  by  the  United  States  ;  and  that  he 
should  be  authorized  to  conclude  a  convention  with  the 
British  government,  by  which  the  latter  should  be  bound  to 
pay  for  the  negroes  taken  from  New- York,  and  to  surren 
der  the  posts  as  soon  as  all  legislative  acts,  inconsistent 
with  the  treaty,  should  be  repealed. 

It  is  delightful  to  see  a  statesman  thus  bringing  to  the 
discussion  of  a  great  national  controversy,  and  one  in  which 
the  interests  and  passions  of  his  countrymen  were  involved, 


LIFE    OF   JOHN   JAY.  241 

that  strict  and  honest  adherence  to  truth  and  justice  which 
the  moral  sense  of  mankind  requires  in  the  affairs  of  private 
life,  but  which  is  too  frequently,  and  without  censure,  dis 
pensed  with  in  politics. 

Congress,  in  accordance  with  the  advice  of  their  secre 
tary,  called  on  the  States  to  repeal  such  of  their  laws  as 
were  repugnant  to  the  treaty ;  but,  unhappily,  they  had  no 
power  to  enforce  ,the  call.  There  was  no  federal  judica 
ture  to  which  the  injured  and  oppressed  foreigner  could 
appeal  for  protection  against  the  vindictive  and  unjust  en 
actments  of  the  State  legislatures — no  tribunal  that  could 
set  aside,  as  void,  a  law  that  trampled  upon  the  faith  of 
treaties. 

The  inefficiency  of  the  national  government  had  long 
excited  in  Mr.  Jay's  breast  deep  and  constant  apprehen 
sion  for  the  honour  and  welfare  of  his  country.  Personally, 
he  was  interested  in  the  continuance  of  the  confederation 
in  its  present  form,  as  he  enjoyed  the  most  lucrative  and 
influential  station  in  the  gift  of  Congress.  But  personal 
considerations  never  swayed  his  political  opinions  or  con 
duct.  His  private  letters  and  his  reports  to  Congress  bear 
ample  testimony  to  his  conviction  of  the  unfitness  of  the 
existing  system  to  the  exigences  of  a  great  empire,  and  to 
his  anxiety  to  substitute  for  it  a  government  possessing  the 
energy  requisite  to  preserve  the  honour  and  vindicate  the 
rights  of  the  nation. 

In  his  speech  on  the  Spanish  negotiation,  he  remarked 
that  should  Congress  at  present  insist  on  the  navigation  of 
the  Mississippi,  "  the  Spanish  posts  on  its  banks  would  be 
strengthened,  and  that  nation  would  there  bid  us  defiance 
with  impunity,  at  least  until  the  American  nation  shall 
become  more  really  and  truly  a  nation  than  it  is  at  present. 
For,  unblessed  with  an  efficient  government,  destitute  of  funds, 
and  without  public  credit  at  home  or  abroad,  \\  e  should  be 
obliged  to  wait  in  patience  for  better  days,  or  plunge  into 
an  unpopular  and  dangerous  war,  with  very  little  prospect 

VOL.  I. 1  I 


242  LIFE    OF   JOHN    JAY. 

of  terminating  it  by  a  peace  either  advantageous  or 
glorious." 

A  proposition  to  negotiate  a  loan  in  Europe  being  referred 
by  Congress  to  the  secretary,  he  reported : 

"  It  appears  to  your  secretary  improper  to  open  such  a 
loan,  even  if  the  success  of  it  was  certain ;  because  the  fed 
eral  government,  in  its  present  state,  is  rather  paternal  and 
persuasive  than  coercive  and  efficient.  Congress  can  make 
no  certain  dependence  on  the  States  for  any  specific  sums,  to 
be  required  and  paid  at  any  given  periods,  and  consequently 
are  not  in  capacity  safely  to  pledge  their  honour  and  faith 
for  the  repayment  of  any  specific  sums  they  may  borrow 
at  any  given  periods,  which  must  be  the  case  if  they  should 
make  this  or  any  other  loan." 

Not  only  were  Congress  unable  to  command  the  pecu 
niary  resources  of  the  country,  but  they  had  no  power  even 
to  regulate  trade,  so  as  to  counteract  the  unfriendly  regu 
lations  of  other  nations :  each  State  having  reserved  to 
itself  the  right  of  imposing,  collecting,  and  appropriating 
duties  on  its  own  commerce. 

Mr.  Jay's  correspondence  exhibits  his  views  on  this 
interesting  subject. 

"  TO  GEORGE    WASHINGTON. 

"New- York,  16th  March,  1786. 
"  DEAR  SIR, 

"  Although  you  have  wisely  retired  from  public  employ 
ments,  and  calmly  view  from  the  temple  of  fame  the  various 
exertions  of  that  sovereignty  and  independence  which  Provi 
dence  has  enabled  you  to  be  so  greatly  and  gloriously 
instrumental  in  securing  to  your  country,  yet  I  am  per 
suaded  that  you  cannot  view  them  with  the  eye  of  an  uncon 
cerned  spectator. 

"  Experience  has  pointed  out  errors  in  our  national  gov 
ernment  which  call  for  correction,  and  which  threaten  to 
blast  the  fruit  we  expected  from  our  tree  of  liberty. 


LIFE    OF   JOHN    JAY.  243 

The  convention  proposed  by  Virginia  may  do  some  good, 
and  would  perhaps  do  more  if  it  comprehended  more 
objects.  An  opinion  begins  to  prevail  that  a  general  Con 
vention  for  revising  the  articles  of  confederation  would  be 
expedient.  Whether  the  people  are  yet  ripe  for  such  a 
measure,  or  whether  the  system  proposed  to  be  attained  by 
it  is  only  to  be  expected  from  calamity  and  commotion,  is 
difficult  to  ascertain.  I  think  we  are  in  a  delicate  situation, 
and  a  variety  of  considerations  and  circumstances  give  me 
uneasiness,. 

"  It  is  in  contemplation  to  take  measures  for  forming  a 
general  convention  ;  the  plan  is  not  matured.  If  it  should 
be  well  concerted  and  take  effect,  I  am  fervent  in  my  wishes 
that  it  may  comport  with  the  line  of  life  you  have  marked 
out  for  yourself  to  favour  your  country  with  your  counsels 
on  such  an  important  and  signal  occasion.  I  suggest  this 
merely  as  a  hint  for  consideration,  and  am, 

"  With  the  highest  respect  and  esteem, 

"  Dear  sir, 
"  Your  most  obedient  and  very  humble  servant, 

"JoHN  JAY." 

FROM    GENERAL    WASHINGTON. 

"  Mount  Vernon,  18th  May,  1786. 

"  DEAR  SIR, 

"  In  due  course  of  post  I  have  been  honoured  with  your 
favours  of  the  2d  and  16th  of  March,  since  which  I  have 
been  a  good  deal  engaged,  and  pretty  much  from  home. 

"  I  coincide  perfectly  in  sentiment  with  you,  my  dear 
sir,  that  there  are  errors  in  our  national  government  which 
call  for  correction, — loudly  I  will  add  :  but  I  shall  find  myself 
happily  mistaken  if  the  remedies  are  at  hand.  We  are 
certainly  in  a  delicate  situation ;  but  my  fear  is,  that  the 
people  are  not  yet  sufficiently  misled  to  retract  from  error ! 
To  be  plainer,  I  think  there  is  more  wickedness  than  igno 
rance  mixed  with  our  councils.  Under  this  impression,  J 


244  LIFE    OF   JOHN    JAY. 

scarcely  know  what  opinion  to  entertain  of  a  general  Con 
vention.  That  it  is  necessary  to  revise  and  amend  the 
articles  of  confederation,  I  entertain  no  doubt ;  but  what 
may  be  the  consequences  of  such  an  attempt  is  doubtful. 
Yet  something  must  be  done,  or  the  fabric  must  fall ;  it  cer 
tainly  is  tottering  !  Ignorance  and  design  are  difficult  to 
combat.  Out  of  these  proceed  illiberality,  improper  jeal 
ousies,  and  a  train  of  evils  which  oftentimes  in  republican 
governments  must  be  sorely  felt  before  they  can  be  removed. 
The  former,  that  is  ignorance,  being  a  fit  soil  for  the  latter 
to  work  in,  tools  are  employed  which  a  generous  mind 
would  disdain  to  use,  and  which  nothing  but  time  and  their 
own  puerile  or  wicked  productions  can  show  the  inefficacy 
and  dangerous  tendency  of.  I  think  often  of  our  situation, 
and  view  it  with  concern.  From  the  high  ground  on  which 
we  stood,  from  the  plain  path  which  invited  our  footsteps, 
to  be  so  fallen  !  so  lost !  is  really  mortifying.  But  virtue,  I 
fear,  has  in  a  great  degree  taken  its  departure  from  our 
land,  and  the  want  of  disposition  to  do  justice  is  the  source 
of  the  national  embarrassments  ;  for  under  whatever  guise  or 
colourings  are  given  to  them,  this  I  apprehend  is  the  origin 
of  the  evils  we  now  feel,  and  probably  shall  labour  under 
for  some  time  yet 

"  With  respectful  compliments  to  Mrs.  Jay,  and  senti 
ments  of  sincere  friendship, 

"  I  am,  dear  sir, 
"  Your  most  obedient  and  humble  servant, 

"  GEO.  WASHINGTON." 

"TO  GENERAL  WASHINGTON. 

"Philadelphia,  27th  June,  1786. 
"DEAR    SlR, 

"  Being  deputed  by  the  Church  Convention  of  New- York 
to  attend  a  general  one  convened  here,  I  brought  with  me 
your  obliging  letter  of  the  18th  ult.,  that  I  might  devote  the 
first  leisure  hour  to  the  pleasure  of  answering  it. 


LIFE    OF   JOHN    JAY.  245 

"  Congress  having  freed  the  papers,  of  which  the  enclosed 
are  copies,  from  injunctions  of  secrecy,  and  permitted  the 
delegates  to  make  and  send  extracts  from  them  to  their 
different  States,  I  think  myself  at  liberty  to  transmit  copies 
to  you.  These  papers  have  been  referred  to  me ;  some  of 
the  facts  are  inaccurately  stated,  and  improperly  coloured, 
but  it  is  too  true  that  the  treaty  has  been  violated.  On 
such  occasions  I  think  it  better  fairly  to  confess  and  correct 
errors,  than  attempt  to  deceive  ourselves  and  others  by 
fallacious,  though  plausible,  palliations  and  excuses.  To 
oppose  popular  prejudices,  to  censure  the  proceedings  and 
expose  the  improprieties  of  states,  is  an  unpleasant  task, 
but  it  must  be  done.  Our  affairs  seem  to  lead  to  some 
crisis,  some  revolution,  something  that  I  cannot  foresee  or 
conjecture — I  am  uneasy  and  apprehensive ;  more  so  than 
during  the  war.  Then  we  had  a  fixed  object,  and  though 
the  means  and  time  of  obtaining  it  were  often  problematical, 
yet  I  did  firmly  believe  we  should  ultimately  succeed,  be 
cause  I  was  convinced  that  justice  was  with  us.  The  case 
is  now  altered ;  we  are  going  and  doing  wrong,  and  there 
fore  I  look  forward  to  evils  and  calamities,  but  without  being 
able  to  guess  at  the  instrument,  nature,  or  measure  of  them. 

"  That  we  shall  again  recover,  and  things  again  go  well, 
I  have  no  doubt.  Such  a  variety  of  circumstances  would 
not,  almost  miraculously,  have  combined  to  liberate  and 
make  us  a  nation,  for  transient  and  unimportant  purposes. 
I  therefore  believe  that  we  are  yet  to  become  a  great  and 
respectable  people ;  but  when,  or  how,  the  spirit  of  prophecy 
only  can  discern. 

"  There  doubtless  is  much  reason  to  think  and  to  say  that 
we  are  wofully,  and  in  many  instances,  wickedly  misled. 
Private  rage  for  property  suppresses  public  considerations, 
and  personal,  rather  than  national  interests,  have  become 
the  great  objects  of  attention.  Representative  bodies  will 
ever  be  faithful  copies  of  their  originals,  and  generally  ex- 


246  LIFE    OF   JOHN    JAY. 

hibit  a  checkered  assemblage  of  virtue  and  vice,  of  abilities 
and  weakness. 

"  The  mass  of  men  are  neither  wise  nor  good,  and  the 
virtue,  like  the  other  resources  of  a  country,  can  only  be 
drawn  to  a  point  and  exerted  by  strong  circumstances  ably 
managed,  or  a  strong  government  ably  administered.  New 
governments  have  not  the  aid  of  habit  and  hereditary 
respect,  and  being  generally  the  result  of  preceding  tumult 
and  confusion,  do  not  immediately  acquire  stability  or 
strength.  Besides,  in  times  of  commotion,  some  men  will 
gain  confidence  and  importance,  who  merit  neither ;  and 
who,  like  political  mountebanks,  are  less  solicitous  about 
the  health  of  the  credulous  crowd,  than  about  making  the 
most  of  their  nostrums  and  prescriptions. 

"  New- York  was  rendered  less  federal  by  the  opinions 
of  the  late  President  of  Congress.  This  is  a  singular, 
though  not  unaccountable  fact — indeed,  human  actions  are 
seldom  inexplicable. 

"  What  I  most  fear  is,  that  the  better  kind  of  people,  by 
which  I  mean  the  people  who  are  orderly  and  industrious, 
who  are  content  with  their  situations,  and  not  uneasy  in 
their  circumstances,  will  be  led  by  the  insecurity  of  prop 
erty,  the  loss  of  confidence  in  their  rulers,  and  the  want  of 
public  faith  and  rectitude,  to  consider  the  charms  of  liberty 
as  imaginary  and  delusive.  A  state  of  fluctuation  and  un 
certainty  must  disgust  and  alarm  such  men,  and  prepare 
their  minds  for  almost  any  change  that  may  promise  them 
quiet  and  security. 

"  Be  pleased  to  make  my  compliments  to  Mrs.  Washing 
ton,  and  be  assured  that  I  am, 

"  With  the  greatest  respect  and  esteem, 

"  Dear  sir, 
"  Your  obedient  and  humble  servant, 

"JOHN  JAY," 


LIFE    OF   JOHN   JAY.  247 


FROM   GEORGE    WASHINGTON. 

"  Mount  Vernon,  15th  Aug.,  1786. 
"DEAR    SlR, 

"  I  have  to  thank  you  very  sincerely  for  your  interesting 
letter  of  the  27th  of  June,  as  well  as  for  the  other  commu 
nications  you  had  the  goodness  to  make  at  the  same  time. 

"  I  am  sorry  to  be  assured,  of  what  indeed  I  had  little 
doubt  before,  that  we  have  been  guilty  of  violating  the 
treaty  in  some  instances.  What  a  misfortune  it  is,  that 
Britain  should  have  so  well  grounded  a  pretext  for  its 
palpable  infractions !  and  what  a  disgraceful  part,  out  of 
the  choice  of  difficulties  before  us,  are  we  to  act ! 

"  Your  sentiments,  that  our  affairs  are  drawing  rapidly 
to  a  crisis,  accord  with  my  own.  What  the  event  will  be 
is  also  beyond  the  reach  of  my  foresight.  We  have  errors 
to  correct.  We  have,  probably ',  had  too  good  an  opinion  of 
human  nature  in  forming  our  confederation.  Experience 
has  taught  us,  that  men  will  not  adopt,  and  carry  into  exe 
cution,  measures  the  best  calculated  for  their  own  good, 
without  the  intervention  of  a  coercive  power.  I  do  not 
conceive  we  can  exist  long  as  a  nation,  without  having 
lodged  somewhere  a  power  which  will  pervade  the  whole 
Union,  in  as  energetic  a  manner  as  the  authority  of  the 
different  State  governments  extends  over  the  several  States. 

"  To  be  fearful  of  vesting  Congress,  constituted  as  that 
body  is,  with  ample  authorities  for  national  purposes,  appears 
to  me  the  very  climax  of  popular  absurdity  and  madness. 
Could  Congress  exert  them  for  the  detriment  of  the  public 
without  injuring  themselves  in  an  equal  or  greater  proportion? 
Are  not  their  interests  inseparably  connected  with  those  of 
their  constituents  ?  By  the  rotation  of  appointment,  must 
they  not  mingle  frequently  with  the  mass  of  citizens  ?  Is 
it  not  rather  to  be  apprehended,  if  they  were  possessed  of 
the  powers  before  described,  that  the  individual  members 
would  be  induced  to  use  them,  on  many  occasions,  very 
timidly  and  inefficaciously  for  fear  of  losing  their  popularity 


248  LIFE    OP   JOHN    JAY. 

and  future  election  ?  We  must  take  human  nature  as  we 
find  it.  Perfection  falls  not  to  the  share  of  mortals.  Many 
are  of  opinion,  that  Congress  have  too  frequently  made  use 
of  the  suppliant,  humble  tone  of  requisition  in  applications 
to  the  States,  when  they  had  a  right  to  assume  their  impe 
rial  dignity,  and  command  obedience.  Be  that  as  it  may, 
requisitions  are  a  perfect  nihility,  where  thirteen  sovereign, 
independent,  disunited  States  are  in  the  habit  of  discussing 
and  refusing  compliance  with  them  at  their  option.  Requi 
sitions  are  actually  little  better  than  a  jest  and  a  by-word 
throughout  the  land.  If  you  tell  the  Legislature  they  have 
violated  the  treaty  of  peace,  and  invaded  the  prerogatives 
of  the  confederacy,  they  will  laugh  in  your  face.  What, 
then,  is  to  be  done  ?  Things  cannot  go  on  in  the  same  train 
for  ever.  * 

"  It  is  much  to  be  feared,  as  you  observe,  that  the  better 
kind  of  people,  being  disgusted  with  the  circumstances,  will 
have  their  minds  prepared  for  any  revolution  whatever. 
We  are  apt  to  run  from  one  extreme  into  another.  To 
anticipate  and  prevent  disastrous  contingencies  would  be 
the  part  of  wisdom  and  patriotism. 

"  What  astonishing  changes  a  few  years  are  capable  of 
producing  !  I  am  told  that  even  respectable  characters 
speak  of  a  monarchical  form  of  government  without  horror. 
From  thinking  proceeds  speaking ;  thence  to  action  is  often 
but  a  single  step.  But  how  irrevocable  and  tremendous  ! 
What  a  triumph  for  the  advocates  of  despotism  to  find  that 
we  are  incapable  of  governing  ourselves,  and  that  systems 
founded  on  the  basis  of  equal  liberty  are  merely  ideal  and 
fallacious  !  Would  to  God  that  wise  measures  may  be 
taken  in  time  to  avert  the  consequences  we  have  but  too 
much  reason  to  apprehend. 

"  Retired  as  I  am  from  the  world,  I  frankly  acknowledge 
I  cannot  feel  myself  an  unconcerned  spectator.  Yet,  having 
happily  assisted  in  bringing  the  ship  into  port,  and  having 
boon  fairly  discharged,  it  is  not  mv  business  to  embark 


LIFE    OF   JOHN   JAY.  249 

again  on  a  sea  of  troubles.  Nor  could  it  be  expected  that 
my  sentiments  and  opinions  would  have  much  weight  on 
the  minds  of  my  countrymen.  They  have  been  neglected, 
though  given  as  a  last  legacy  in  the  most  solemn  manner. 
I  had  then  perhaps  some  claims  to  public  attention.  I  con 
sider  myself  as  having  none  at  present. 

"With  sentiments  of  sincere  esteem  and  friendship, 

"  I  am,  my  dear  sir, 
"  Your  most  obedient  and 

"  Affectionate  humble  servant, 

"  GEO.  WASHINGTON.** 

"TO  JOHN  ADAMS,  LONDON. 

"New-York,  4th  May,  1786, 

«DEAR  SIR, 

41  I  have  been  favoured  with  your  letter,  in  which  you 
mention  Mr.  Warren.  Your  opinion  of  that  gentleman, 
added  to  the  merits  of  his  family,  cannot  fail  to  operate 
powerfully  in  his  favour.  I  have  communicated  that  letter 
to  Mr.  King,  an  able  and  valuable  delegate  from  Massa 
chusetts,  who,  I  have  reason  to  think,  wishes  well  to  you, 
and  to  all  who,  like  you,  deserve  well  of  their  country. 

"  Our  friend  Gerry  has  retired  from  Congress  with  a 
charming,  amiable  lady,  whom  he  married  here.  I  regret 
his  absence ;  for  he  discharged  the  trust  reposed  in  him 
with  great  fidelity,  and  with  more  industry  and  persevering 
attention  than  many  are  distinguished  by.  Mr.  King  has 
also  married  a  lady  of  merit,  and  the  only  child  of  Mr. 
Alsop,  who  was  in  Congress  with  us  in  1774.  I  am  pleased 
with  these  intermarriages ;  they  tend  to  assimilate  the 
States,  and  to  promote  one  of  the  first  wishes  of  my  heart, 
viz.  to  see  the  people  of  America  become  one  nation  in 
every  respect ;  for,  as  to  the  separate  legislatures,  I  would 
have  them  considered,  with  relation  to  the  confederacy,  in 
the  same  light  in  which  counties  stand  to  the  State  of  which 

VOL.  I. K  K 


250  LIFE    OF   JOHN   JAY. 

they  are  parts,  viz,  merely  as  districts  to  facilitate  the  pur 
poses  of  domestic  order  and  good  government. 
J.-  «  With  great  and  sincere  regard, 

"  I  am,  dear  sir, 

"  Your  friend  and  servant, 

"JoHN  JAY." 

"TO    THOMAS   JEFFERSON,    PARIS. 

"  New-York,  18th  August,  1786. 
"DEAR    SlR, 

"  It  has  happened,  from  various  circumstances,  that  sev 
eral  reports  on  foreign  affairs  still  lay  before  Congress  un 
decided  upon.  The  want  of  an  adequate  representation  for 
long  intervals,  and  the  multiplicity  of  business  which  pressed 
upon  them  when  that  was  not  the  case,  have  occasioned 
delays  and  omissions  which,  however  unavoidable,  are  much 
to  be  regretted.  It  is  painful  to  me  to  reflect,  that  although 
my  attention  to  business  is  unremitted,  yet  I  so  often  expe 
rience  unseasonable  delays  and  successive  obstacles  in  ob 
taining  the  decision  and  sentiments  of  Congress,  even  on 
points  which  require  despatch.  But  so  it  is ;  and  I  must 
be  content  with  leaving  nothing  undone  that  may  depend 
upon  me. 

"  I  have  long  thought,  and  become  daily  more  convinced, 
that  the  construction  of  our  federal  government  is  funda 
mentally  wrong.  To  vest  legislative,  judicial,  and  execu 
tive  powers  in  one  and  the  same  body  of  men,  and  that,  too, 
in  a  body  daily  changing  its  members,  can  never  be  wise. 
In  my  opinion  those  three  great  departments  of  sovereignty 
should  be  for  ever  separated,  and  so  distributed  as  to  serve 
as  checks  on  each  other.  But  these  are  subjects  that  have 
long  been  familiar  to  you,  and  on  which  you  are  too  well 
informed  not  to  anticipate  every  thing  that  I  might  say  on 
them. 

"  I  have  advised  Congress  to  renew  your  commission  as 


LIFE    OF   JOHN   JAY.  251 

to  certain  powers.  Our  treasury  is  ill  supplied — some 
States  paying  nothing,  others  very  little;  the  impost  not 
yet  established ;  the  people  generally  uneasy  in  a  certain 
degree,  but  without  seeming  to  discern  the  true  cause,  viz* 
want  of  energy  both  in  state  and  federal  governments*  It 
takes  time  to  make  sovereigns  of  subjects. 

"  I  am,  dear  sir, 
"  Your  most  ob't.  and  very  humble  serv't. 

"JoHN  JAY." 

"  TO    THOMAS    JEFFERSON,  PARIS, 

«  Office  for  Foreign  Affairs,  14th  Dec.  1786, 
"DEAR    SlR, 

*'  The  situation  of  our  captive  countrymen  at  Algiers  is 
much  to  be  lamented,  and  the  more  so  as  their  deliverance 
is  difficult  to  effect.  Congress  cannot  command  money  for 
that,  nor  indeed  for  other  very  important  purposes ;  their 
requisitions  produce  little,  and  government  (if  it  may  be 
called  a  government)  is  so  inadequate  to  its  objects,  that 
essential  alterations  or  essential  evils  must  take  place. 
If  our  government  would  draw  forth  the  resources  of  the 
country,  which,  notwithstanding  all  appearances  to  the  con 
trary,  are  abundant,  I  should  prefer  war  to  tribute ;  and 
carry  on  our  Mediterranean  trade  in  vessels  armed  and 
manned  at  the  public  expense.  I  daily  become  more  and 
more  confirmed  in  the  opinion,  that  government  should  be 
divided  into  executive,  legislative,  and  judicial  departments. 
Congress  is  unequal  to  the  first,  very  fit  for  the  second,  and 
but  ill  calculated  for  the  third  ;  and  so  much  time  is  spent 
in  deliberation,  that  the  season  for  action  often  passes  by 
before  they  decide  on  what  should  be  done ;  nor  is  there 
much  more  secrecy  than  expedition  in  their  measures. 
These  inconveniences  arise,  not  from  personal  disquali 
fications,  but  from  the  nature  and  construction  of  the  gov 
ernment. 


252  LIFB    OP   JOHN   JAY. 

"  If  Congress  had  money  to  purchase  peace  of  Algiers, 
or  to  redeem  the  captives  there,  it  certainly  would,  accord 
ing  to  their  present  ideas,  be  well  to  lose  no  time  in  doing 
both ;  neither  pains  nor  expense,  if  within  any  tolerable 
limits,  should  be  spared  to  ransom  our  fellow-citizens.  But 
the  truth  is,  that  no  money  is  to  be  expected  at  present  from 
hence  ;  nor  do  I  think  it  would  be  right  to  make  new  loans 
until  we  have  at  least  some  prospect  of  paying  the  interest 
due  on  former  ones. 

"  Our  country  is  fertile,  abounding  in  useful  productions, 
and  those  productions  in  demand  and  bearing  a  good  price ; 
yet  relaxation  in  government  and  extravagance  in  indi 
viduals  create  much  public  and  private  distress,  and  much 
public  and  private  want  of  good  faith. 

"  The  public  papers  will  tell  you  how  much  reason  we 
have  to  apprehend  an  Indian  war,  and  to  suspect  that 
Britain  instigates  it.  In  my  opinion,  our  Indian  affairs  have 
been  ill  managed.  Details  would  be  tedious.  Indians  have 
been  murdered  by  our  people  in  cold  blood,  and  no  satis 
faction  given ;  nor  are  they  pleased  with  the  avidity  with 
which  we  seek  to  acquire  their  lands.  Would  it  not  be 
wiser  gradually  to  extend  our  settlements  as  want  of  room 
should  make  it  necessary,  than  to  pitch  our  tents  through 
the  wilderness  in  a  great  variety  of  places,  far  distant  from 
each  other,  and  from  those  advantages  of  education,  civili 
zation,  law,  and  government  which  compact  settlements 
and  neighbourhoods  afford  ?  Shall  we  not  fill  the  wilder 
ness  with  white  savages  ? — and  will  they  not  become  more 
formidable  to  us  than  the  tawny  ones  which  now  inhabit  it? 

"  As  to  the  sums  of  money  expected  from  the  sale  of 
those  lands,  I  suspect  we  shall  be  deceived ;  for,  at  what 
ever  price  they  may  be  sold,  the  collection  and  payment  of  it 
will  not  be  easily  accomplished. 

"  I  have  the  honour  to  be,  &c. 

"JOHN  JAY." 


LIFE    OF   JOHN   JAY.  253 

We  perceive  in  these  letters  many  of  those  great  prin 
ciples  of  government  which  were  subsequently  incorpo 
rated  in  the  constitution  of  the  United  States ;  and  which 
distinguished  the  federal  party  from  that  by  which  it  was 
opposed.  These  parties  took  their  origin  in  the  discus 
sions  which,  about  this  time,  arose  relative  to  the  defects 
of  the  existing  confederation,  and  the  mode  of  correcting 
them. 

It  was  obvious  that  in  proportion  as  the  powers  of  the 
general  government  were  augmented,  those  of  the  State 
governments  would  be  curtailed,  and  the  importance  of 
those  by  whom  these  governments  were  directed  conse 
quently  diminished.  Hence,  as  Mr.  Jay  subsequently 
remarked,  many  of  the  leaders  of  the  opposition  to  the 
federal  constitution  were  such  as  wished  to  be  little  kings 
at  home. 

Mr.  Jay  attached  himself  to  the  federal  party  at  its 
formation,  and  adhered  to  its  principles  with  unvarying 
constancy  to  the  end  of  his  life. 

In  one  of  the  preceding  letters,  he  mentions  his  ap 
pointment  as  a  delegate  to  the  general  convention  of  the 
episcopal  church.  An  application  had  been  previously 
made  to  the  English  bishops  to  confer  episcopal  consecra 
tion  on  such  persons  as  might  be  sent  from  America  for 
that  purpose.  The  answer  of  the  bishops,  intimating  that 
their  compliance  with  the  request  would  depend  on  certain 
proposed  alterations  in  the  liturgy  of  the  church,  was  laid 
before  the  convention.  A  reply  to  this  answer  was  sub 
mitted  by  a  committee ;  but  Mr.  Jay  objected  to  its  sub 
missive  and  reverential  tone.  He  was  immediately  added 
to  the  committee,  and  the  next  day  a  draught  was  reported 
which  received  the  unanimous  approbation  of  the  conven 
tion,  and  which,  while  it  manifested  the  courtesy  due  to  the 
English  bishops,  maintained  the  firmness  and  dignity  be 
coming  an  independent  church. 


254  LIFE    OP    JOHN    JAY. 

We  are  induced  to  insert  the  following  note,  written 
about  this  time,  as  it  tends  to  mark  the  character  of  the 
writer.  It  was  in  reply  to  one  from  Mr.  F.  Jay,  a  com 
mission  merchant,  requesting  his  brother  to  procure  for 
him,  from  Mr.  Gardoqui,  the  sale  of  a  Spanish  cargo,  just 
arrived. 


"  DEAR  FREDERICK, 

"  My  official  situation  with  respect  to  foreign  ministers, 
renders  it  improper  for  me  to  place  myself  under  personal 
obligations  to  any  of  them,  and  consequently  to  request 
their  personal  favours.  I  flatter  myself  you  will  perceive 
as  clearly  as  I  do,  the  propriety  of  observing  this  delicacy, 
and  therefore  that  you  will  impute  my  declining  to  apply 
to  Mr.  Gardoqui,  on  the  subject  mentioned  in  your  note  of 
last  evening,  to  that  consideration,  and  not  to  any  reluctance 
to  serve  you ;  for  as  I  shall  always  rejoice  in  your  welfare, 
so  I  shall  always  regret  every  obstacle  which  may  restrain 
me  from  measures  tending  to  promote  it. 

"  Your  affectionate  brother, 

"Jon*  JAY." 

1787.]  We  have  seen  how  long  and  how  deeply  Mr. 
Jay  had  deplored  the  imbecility  of  the  existing  government, 
and  how  ardently  he  had  longed  for  one  suited  to  the  wants 
of  the  nation.  The  time  was  now  approaching  when  his 
wishes  were  to  be  gratified.  In  January,  1786,  the  Legis 
lature  of  Virginia  proposed  a  Convention  of  delegates,  to  be 
appointed  by  State  Legislatures,  and  to  meet  at  Annapolis 
the  ensuing  September,  to  devise  a  uniform  system  of  com 
mercial  regulations,  which  should  be  binding  on  the  whole 
confederacy  when  ratified  by  all  the  States.  It  was  to  this 
Convention  that  Mr.  Jay  alluded  in  his  letter  to  General 
Washington  of  the  16th  March,  1786.  "  The  Convention 


LIFE    OF    JOHN    JAY.  255 

proposed  by  Virginia  may  do  some  good,  and  would  per 
haps  do  more  if  it  comprehended  more  objects." 

The  limited  object  of  the  Convention  failed  to  excite 
general  interest,  and  the  required  unanimity  of  thirteen 
States  prevented  much  effort  to  secure  what  was  supposed 
to  be  unattainable.  Only  five  States  were  represented  in 
the  Convention,  and  their  delegates  wisely  abstained  from 
taking  measures  in  relation  to  the  subject  for  which  they 
had  been  convened.  They,  however,  took  a  step  which  led 
to  important  results.  They  recommended  a  Convention  of 
delegates  from  all  the  States,  to  be  held  at  Philadelphia  the 
ensuing  spring,  for  revising  the  articles  of  confederation. 

The  following  letter  to  General  Washington  discloses 
Mr.  Jay's  views  of  the  government  he  wished  established. 

"TO   GEORGE   WASHINGTON. 

"New-York,  January  7th,  1787. 

«  DEAR  SIR, 

"  They  who  regard  the  public  good  with  more  attention 
and  attachment  than  they  do  mere  personal  concerns,  must 
feel  and  confess  the  force  of  such  sentiments  as  are  expressed 
in  your  letter  to  me,  by  Colonel  Humphrey,  last  fall.  The 
situation  of  our  affairs  calls  not  only  for  reflection  and  pru 
dence,  but  for  exertion.  What  is  to  be  done  ?  is  a  common 
question,  but  it  is  a  question  not  easy  to  answer. 

"  Would  the  giving  any  further  degree  of  power  to  Con 
gress  do  the  business?  I  am  much  inclined  to  think  it 
would  not;  for,  among  other  reasons,  it  is  natural  to  suppose 
there  will  always  be  members  who  will  find  it  convenient 
to  make  their  seats  subservient  to  partial  and  personal 
purposes ;  and  they  who  may  be  able  and  willing  to  concert 
and  promote  useful  and  national  measures,  will  seldom  be 
unembarrassed  by  the  ignorance,  prejudices,  fears,  or  inter 
ested  views  of  others. 

"  In  so  large  a  body,  secrecy  and  despatch  will  be  too 


256  LIFE    OF    JOHN    JAY. 

uncommon ;    and  foreign,  as  well   as  local  interest,  will 
oppose,  and  sometimes  frustrate  the  wisest  measures. 

"Large  assemblies  often  misunderstand  or  neglect  the 
obligations  of  character,  honour,  and  dignity,  and  will,  col 
lectively,  do  or  omit  things  which  individual  gentlemen,  in 
private  capacities,  would  not  approve.  As  the  many  divide 
blame,  and  also  divide  credit,  too  little  a  portion  of  either 
falls  to  each  man's  share  to  affect  him  strongly,  even  in 
cases  where  the  whole  blame  or  the  whole  credit  must  be 
national.  It  is  not  easy  for  those  to  think  and  feel  as 
sovereigns,  who  have  been  always  accustomed  to  think  and 
feel  as  subjects. 

"  The  executive  business  of  sovereignty  depending  on  so 
many  wills,  and  those  wills  moved  by  such  a  variety  of 
contradictory  motives  and  inducements,  will,  in  general,  be 
but  feebly  done. 

"  Such  a  sovereign,  however  theoretically  responsible, 
cannot  be  effectually  so  in  its  departments  and  officers 
without  adequate  judicatories.  I  therefore  promise  myself 
nothing  very  desirable  from  any  change  which  does  not 
divide  the  sovereignty  into  its  proper  departments.  Let 
Congress  legislate — let  others  execute — let  others  judge. 

"  Shall  we  have  a  king  ?  not  in  my  opinion,  while  other 
expedients  remain- untried.  Might  we  not  have  a  governor- 
general,  limited  in  his  prerogatives  and  duration  ?  Might 
not  Congress  be  divided  into  an  upper  and  lower  house — 
the  former  appointed  for  life,  the  latter  annually ;  and  let 
the  governor-general  (to  preserve  the  balance),  with  the 
advice  of  a  council,  formed  for  that  only  purpose,  of  the 
great  judicial  officers,  have  a  negative  on  their  acts  ?  Our 
government  should,  in  some  degree,  be  suited  to  our  manners 
and  circumstances,  and  they,  you  know,  are  not  strictly 
democratical. 

"  What  powers  should  be  granted  to  the  government  so 
constituted?  is  a  question  which  deserves  much  thought. 


LIFE    OF   JOHN   JAY.  257 

I  think  the  more  the  better ;  the  States  retaining  only  so 
much  as  may  be  necessary  for  domestic  purposes,  and  all 
their  principal  officers,  civil  and  military,  being  commis 
sioned  and  removable  by  the  national  government. 

"  These  are  short  hints.  Details  would  exceed  the  limits 
of  a  letter,  and  to  you  be  superfluous.  A  Convention  is  in 
contemplation,  and  I  am  glad  to  find  your  name  among 
those  of  its  intended  members. 

"  To  me  the  policy  of  such  a  Convention  appears  ques 
tionable.  Their  authority  is  to  be  derived  from  acts  of  the 
State  Legislatures.  Are  the  State  Legislatures  authorized, 
either  by  themselves  or  others,  to  alter  constitutions  ?  I 
think  not.  They  who  hold  commissions  can,  by  virtue  of 
them,  neither  retrench  nor  extend  the  powers  conveyed  by 
them. 

"Perhaps  it  is  intended  that  this  Convention  shall  not 
ordain,  but  only  recommend.  If  so,  there  is  danger  that 
their  recommendations  will  produce  endless  discussions,  and 
perhaps  jealousies  and  party  heats. 

"Would  it  not  be  better  for  Congress,  plainly  and  in 
strong  terms  to  declare,  that  the  present  federal  government 
is  inadequate  to  the  purposes  for  which  it  was  instituted ; 
that  they  forbear  to  point  out  its  particular  defects,  or  to 
ask  for  an  extension  of  any  particular  powers,  lest  improper 
jealousies  should  thence  arise ;  but  that,  in  their  opinion,  it 
would  be  expedient  for  the  people  of  the  States,  without 
delay,  to  appoint  State  Conventions  (in  the  way  they  choose 
their  General  Assemblies),  with  the  sole  and  express  power 
of  appointing  deputies  to  a  general  Convention,  who,  or  the 
majority  of  whom,  should  take  into  consideration  the  articles 
of  confederation,  and  make  such  alterations,  amendments 
and  additions  thereto  as  to  them  should  appear  necessary 
and  proper ;  and  which  being  by  them  ordained  and  pub 
lished,  should  have  the  same  force  and  obligation  which  all, 
or  any  of  the  present  articles  now  have. 

"  No  alteration  in  the  government  should,  I  think,  be  made, 

VOL.  I.- — L  L 


258  LIFE    OF   JOHN   JAY. 

nor  if  attempted,  will  easily  take  place,  unless  deducible 
from  the  only  source  of  just  authority — THE  PEOPLE. 

"Accept,  my  dear  sir,  my  warmest  and  most  cordial 
wishes  for  your  health  and  happiness,  and  believe  me  to  be, 
"  With  the  greatest  respect  and  esteem, 

"  Your  most  obedient  servant, 

"  JOHN  JAY." 

Had  the  decision  of  the  Convention  been  made  final,  as 
suggested  in  this  letter,  without  an  appeal  to  the  States,  the 
subsequent  irritation  and  party  struggles  which  resulted 
from  the  discussions  on  the  constitution  would  have  been  in 
a  great  measure  avoided,  and  the  new  government  would 
have  gone  into  operation,  unembarrassed  by  an  organized 
opposition  imbittered  by  defeat. 

FROM    GEORGE    WASHINGTON. 

"  Mount  Vernon,  March  10th,  1787. 
"  DEAR  SIR, 

"  I  am  indebted  to  you  for  two  letters.  The  first,  intro 
ductory  of  Mr.  Anstey,  needed  no  apology ;  nor  will  any 
be  necessary  on  future  similar  occasions.  The  other,  of 
the  7th  of  January,  is  on  a  very  interesting  subject,  deserving 
very  particular  attention. 

"  How  far  the  revision  of  the  federal  system,  and  giving 
more  adequate  powers  to  Congress,  may  be  productive  of 
an  efficient  government,  I  will  not,  under  my  present  view 
of  the  matter,  pretend  to  decide.  That  many  inconve 
niences  result  from  the  present  form,  none  can  deny :  those 
enumerated  in  your  letter  are  so  obvious  and  sensibly  felt, 
that  no  logic  can  controvert,  nor  is  it  probable  that  any 
change  of  conduct  will  remove  them  ;  and  that  all  attempts 
to  alter  or  amend  it  will  be  like  the  propping  of  a  house 
which  is  ready  to  fall,  and  which  no  shores  can  support  (as 
many  seem  to  think),  may  also  be  true. 

"  But  is  the  public  mind  matured  for  such  an  important 


LIFE    OF   JOHN   JAY.  250 

change  as  the  one  you  have  suggested  ?  What  would  be 
the  consequence  of  a  premature  attempt  ? 

"  My  opinion  is,  that  this  country  has  yet  to  feel  and  see 
a  little  more  before  it  can  be  accomplished.  A  thirst  for 
power,  and  the  bantling — I  had  liked  to  have  said  MONSTER 
— sovereignty,  which  have  taken  such  fast  hold  of  the 
States  individually,  will,  when  joined  by  the  many  whose 
personal  consequence  in  the  line  of  State  politics  will  in  a 
manner  be  annihilated,  form  a  strong  phalanx  against  it ; 
and  when  to  these,  the  few  who  can  hold  posts  of  honour 
or  profit  in  the  national  government  are  compared  with  the 
many  who  will  see  but  little  prospect  of  being  noticed,  and 
the  discontents  of  others  who  may  look  for  appointments, 
the  opposition  would  be  altogether  irresistible,  till  the  mass 
as  well  as  the  more  discerning  part  of  the  community  shall 
see  the  necessity. 

"  Among  men  of  reflection,  few  will  be  found,  I  believe, 
who  are  not  beginning  to  think  that  our  system  is  better  in 
theory  than  practice  ;  and  that,  notwithstanding  the  boasted 
virtue  of  America,  it  is  more  than  probable  we  shall  exhibit 
the  last  melancholy  proof  that  mankind  are  not  competent 
to  their  own  government,  without  the  means  of  coercion,  in 
the  sovereign.  Yet  I  would  try  what  the  wisdom  of  the 
proposed  Convention  will  suggest,  and  what  can  be  effected 
by  their  counsels.  It  may  be  the  last  peaceable  mode  of 
essaying  the  practicability  of  the  present  form,  without  a 
greater  lapse  of  time  than  the  exigency  of  our  affairs  will 
admit.  In  strict  propriety,  a  Convention  so  holden  may 
not  be  legal ;  Congress,  however,  may  give  it  a  colouring 
by  recommendation  which  would  fit  it  more  to  the  taste, 
without  proceeding  to  a  definition  of  powers :  this,  however 
constitutionally  it  might  be  done,  would  not  in  my  opinion 
be  expedient  ;  for  delicacy  on  the  one  hand,  and  jealousy 
on  the  other,  would  produce  a  mere  nihil. 

"  My  name  is  in  the  delegation  to  this  Convention ;  but 
it  was  put  there  contrary  to  my  desire,  and  remains  con- 


260  LIFE    OP   JOHN   JAY. 

trary  to  my  request.  Several  reasons  at  the  time  of  this 
appointment,  and  which  yet  exist,  combined  to  make  my 
attendance  inconvenient,  perhaps  improper,  though  a  good 
deal  urged  to  it.  With  sentiments  of  great  regard  and 
friendship,  I  have  the  honour  to  be, 

"  Dear  sir, 
"  Your  most  obedient,  and 

"  Affectionate  humble  servant, 

"  GEORGE  WASHINGTON. 

"P.S.  Since  writing  this  letter  I  have  seen  the  resolution 
of  Congress,  recommendatory  of  the  Convention  proposed 
to  be  held  in  Philadelphia  the  2d  Monday  in  May," 

On  the  21st  February,  Congress  recommended  the  pro 
posed  Convention,  and  thus  gave  it  a  national  sanction. 
Mr.  Jay's  official  situation  requiring  his  attendance  on  Con 
gress,  and  that  body  being  in  session  at  New- York  at  the 
very  time  that  the  Convention  was  to  meet  in  Philadelphia, 
he  was  not  included  in  the  delegation  from  the  State  of 
New- York. 

On  the  17th  September  the  Convention  agreed  to  a 
constitution,  and  Congress  ordered  it,  to  be  submitted  to  a 
Convention  in  each  State.  Although  this  constitution  did 
not  in  all  respects  equal  the  wishes  of  Mr.  Jay,  its  supe 
riority  to  the  articles  of  confederation  was  too  obvious  to 
permit  him  to  hesitate  a  moment  in  giving  it  his  support. 
The  opposition  soon  became  active  and  virulent,  and  it 
was  studiously  inflamed  by  gross  misrepresentation.  At 
this  momentous  crisis,  Mr.  Jay  united  with  Mr.  Madison 
and  Colonel  Hamilton  in  an  attempt  to  enlighten  and  direct 
the  public  opinion,  by  a  series  of  newspaper  essays  under 
the  title  of  the  FEDERALIST.  These  papers  were  not  only 
circulated  throughout  the  Union  by  means  of  the  periodical 
press,  but  were  collected  and  published  in  two  volumes,  and 
have  since  passed  through  many  editions,  have  been  trans- 


LIFE    OF   JOHN   JAY.  261 

lated  into  French,  and  still  form  a  valuable  and  standard 
commentary  on  the  constitution  of  the  United  States. 
The  first  number  was  published  on  the  27th  October,  1787. 
1788.]  The  year  1788  will  be  long  memorable  in  the 
annals  of  America,  for  the  asperity  with  which  the  new 
constitution  was  assailed,  the  ability  with  which  it  was 
defended,  and  the  triumph  it  finally  obtained  over  its  oppo 
nents.  It  is  difficult  for  us  at  the  present  day,  while  expe 
riencing  the  liberty  and  prosperity  conferred  by  this  con 
stitution,  to  credit  the  ridiculous  apprehensions  and  malig 
nant  hostility  it  excited.  The  people  were  assured  that 
the  officers  of  the  new  government  would  possess  both  the 
power  and  the  will  to  trample  upon  their  rights,  and  to 
reduce  them  to  bondage.  Some  conspiracy  against  liberty 
was  supposed  to  be  concealed  in  each  article  of  the  con 
stitution  ;  and  even  men  who  aspired  to  the  character  of 
statesmen  vehemently  and  perhaps  honestly  contended, 
that  the  powers  to  be  given  to  the  president  and  senators 
would  enable  them,  when  once  elected,  to  hold  their  places 
for  life,  fin  no  part  of  the  confederacy  was  the  opposition 
more  active  and  formidable  than  in  the  State  of  New- York. 
Except  in  the  city,  and  one  or  two  of  the  adjacent  counties, 
the  public  opinion  was  almost  unanimous  in  reprobating 
the  new  plan.  Mr.  Jay,  however,  persevered,  in  conjunc 
tion  with  Hamilton  and  Madison,  in  vindicating  the  con 
stitution  in  the  numbers  of  the  Federalist,  till  his  labours 
were  interrupted  by  an  unfortunate  accident.  In  the  month 
of  April,  the  peace  of  the  city  was  disturbed  by  a  serious 
riot,  long  known  as  "the  doctors'  mob,"  occasioned  by 
some  violations  of  the  grave  by  persons  of  the  medical 
profession.  The  magistrates  found  it  necessary  to  confine 
certain  physicians  in  prison,  to  protect  them  from  the  fury 
of  the  irritated  multitude.  The  mob,  finding  themselves 
thus  disappointed  of  their  vengeance,  assembled  the  next 
day  for  the  purpose  of  forcing  the  jail.  Mr.  Jay,  on  being 


262  LIFE    OP   JOHN   JAY. 

informed  of  what  was  passing,  seized  a  sword,  and  with 
some  other  gentlemen,  hastened  under  the  conduct  of 
Colonel  Hamilton,  to  prevent  the  meditated  outrage.  The 
party  were  attacked  by  the  mob,  and  Mr.  Jay  was  struck 
with  a  stone  nearly  senseless  to  the  ground.  He  was  car 
ried  home,  and  confined  for  some  time,  in  consequence  of  a 
deep  and  dangerous  wound  in  his  temple. 

On  his  recovery,  he  published,  but  without  his  name,  an 
address  to  the  people  of  New- York,  on  the  subject  of  the 
constitution.  In  this  pamphlet  he  did  not  deny  that  the  pro 
posed  constitution  was  imperfect,  nor  did  he  enter  into  any 
examination  of  its  general  features ;  but  he  proposed  for 
the  consideration  of  the  community  three  questions ;  viz. 
"Whether  it  is  probable  a  better  plan  can  be  obtained? 
Whether,  if  attainable,  it  is  likely  to  be  in  season  ?  What 
would  be  their  situation,  if,  after  rejecting  this,  all  their 
efforts  to  obtain  a  better  should  prove  fruitless  ?" 

The  address  reminded  the  people,  that  no  second  Con 
vention  could  be  composed  of  purer  patriots,  or  wiser  men, 
than  those  who  had  recommended  this  constitution ;  and 
that  another  Convention,  chosen  during  the  present  excited 
state  of  public  feeling,  would  of  course  consist  of  partisans, 
who  representing  only  their  respective  parties,  could  not 
be  expected  to  possess  the  confidence  of  the  community  in 
a  higher  degree  than  the  late  Convention.  It  next  adverted 
to  the  fact,  that  many  of  the  States  had  already  accepted  the 
constitution,  and  that  therefore  great  difficulties  and  delays 
would  be  experienced  in  calling  another  Convention :  and 
that  thus  the  evils  arising  from  the  present  feeble  government 
would  be  prolonged  and  aggravated.  But  in  case  the  present 
constitution  should  be  rejected,  and  another  be  proposed, 
and  share  the  same  fate,  the  address  showed  that  the  exist 
ing  confederation  could  not  withstand  the  shock  which 
such  an  event  would  give  to  the  whole  fabric.  "  Then  to 
your  tents,  0  Israel,  would  be  the  word.  Then  every 


LIFE    OP  JOHN    JAY.  263 

State  would  be  a  little  nation,  jealous  of  its  neighbours,  and 
anxious  to  strengthen  itself  by  foreign  alliances  against  its 
former  friends.  Then  farewell  to  fraternal  affection,  un 
suspecting  intercourse,  and  mutual  participation  in  com 
merce,  navigation,  and  citizenship.  Then  would  arise 
mutual  restrictions  and  fears ;  mutual  garrisons  and  stand 
ing  armies ;  and  all  the  dreadful  evils  which  for  so  many 
ages  plagued  England,  Scotland,  Wales,  and  Ireland,  while 
they  continued  disunited."! 

The  address  was  soon  attributed  to  its  real  author.  A 
friend  in  New- Jersey  wrote  to  Mr.  Jay:  "An  address  to 
the  inhabitants  of  New- York  has  been  received  in  this  State 
with  great  approbation ;  nor  has  the  tribute  of  applause 
been  withheld  from  the  author,  that  usually  accompanies 
his  writings :  for  though  through  modesty  his  name  was 
concealed,  it  seems  the  well-known  style  discovered 
him." 

General  Washington  remarked  in  a  letter  to  Mr.  Jay : 
"  The  good  sense,  forcible  observations,  temper,  and  mode 
ration  with  which  the  pamphlet  is  written,  cannot  fail,  I 
should  think,  of  making  a  serious  impression  upon  the  anti- 
federal  mind,  where  it  is  not  under  the  influence  of  such 
local  views  as  will  yield  to  no  arguments,  no  proofs." 

To  a  gentleman  who  informed  him  that  Dr.  Franklin  had 
said  that  if  he  was  the  author,  it  was  incumbent  on  him  to 
put  his  name  to  the  address,  to  give  it  additional  weight  at 
this  alarming  crisis,  he  replied :  "  I  have  considered  the 
hint  suggested  in  your  letter.  My  long,  I  may  say  habitual, 
respect  for  the  sentiments  of  Dr.  Franklin,  at  first  inclined 
me  to  adopt  them  relative  to  the  subject  in  question.  Fur 
ther  consideration  induced  me  to  suspect  that  he  has  esti 
mated  the  influence  of  my  opinion  beyond  its  value.  If  the 
reasoning  in  the  pamphlet  you  allude  to  is  just,  it  will  have 
its  effect  on  candid  and  discerning  minds  ; — if  weak  and 
inconclusive,  my  name  cannot  render  it  otherwise." 


264  LIFE    OF   JOHN    JAY. 

The  Legislature  of  New- York  called  a  Convention  to 
decide  on  adopting  or  rejecting  the  constitution.  The 
election  of  members  was  held  the  last  of  April,  and  Mr.  Jay 
was  put  in  nomination  for  the  city.  His  personal  popularity, 
as  well  as  the  federalism  of  the  city,  may  be  inferred  from 
the  fact  that,  of  2833  votes  given,  he  received  all  but  98. 

The  city  delegation  were  all  in  favour  of  the  constitu 
tion,  and  presented  an  unusual  array  of  talents  and  political 
influence.  Mr.  Jay  had  for  his  ^cojleagues  the  chancellor 
of  the  State,  the  chief  justice,  and  another  judge  of  the  Su 
preme  Court,  the  mayor  of  the  city,  and  Alexander  Hamil 
ton.  The  federal  interest  was  however  confined  almost 
exclusively  to  the  city  ;  and  it  was  understood  soon  after 
the  election  that  of  fifty-seven  delegates  chosen  to  the  Con 
vention  no  less  than  forty-six  were  anti-federalists, — the 
name  adopted  by  those  who  were  hostile  to  the  constitution. 

FROM    GEORGE    WASHINGTON. 

"Mount  Vernon,  May  15th,  1788. 

«  DEAR  SIR, 

"  Since  the  elections  in  this  State,  little  doubt  is  enter 
tained  of  the  adoption  of  the  proposed  constitution  with  us 
(if  no  mistake  has  been  made  writh  respect  to  the  sentiments 
of  the  Kentucky  members) ;  the  opponents  to  it,  I  am 
informed,  are  now  also  of  this  opinion.  Their  grand 
manoeuvres  were  exhibited  at  the  elections  ;  and  some  of 
them,  if  report  be  true,  were  not  much  to  their  credit. 
Failing  in  their  attempt  to  exclude  the  friends  to  the  new 
government  from  the  Convention,  and  baffled  in  their  exer 
tions  to  effect  an  adjournment  in  Maryland,  they  have 
become  more  passive  of  late.  Should  South  Carolina  (now 
in  session)  decide  favourably,  and  the  government  thereby 
(nine  States  having  acceded)  get  in  motion,  I  can  scarcely 
conceive  that  any  one  of  the  remainder,  or  all  of  them 
together,  were  they  to  convene  for  the  purpose  of  delibera- 


LIFE    OP   JOHN    JAY.  265 

tion,  would  (separated  from  each  other  as  they  then  would 
be  in  a  geographical  point  of  view)  incline  to  withdraw 
from  the  Union  with  the  other  nine.     With  sentiments  of 
very  great  esteem  and  regard, 
"  I  am,  dear  sir, 

"  Your  most  obedient  and 

"  Affectionate  servant, 

WASHINGTON." 


"  TO    GEORGE    WASHINGTON. 

"New-  York,  29th  May,  1788. 
"DEAR    SlR, 

"  I  was  two  days  ago  favoured  with  yours  of  the  15th 
inst.  It  gives  me  pleasure  to  find  that  the  probability  of 
Virginia's  adopting  the  proposed  constitution  rather  in 
creases  ;  such  an  event  would  undoubtedly  disarm  the 
opposition.  It  appears  by  recent  advices  from  Charleston, 
that  we  may  count  on  South  Carolina  ;  and  the  New- 
Hampshire  delegates  assure  me  that  their  State  will  come 
into  the  measure.  There  is  much  reason  to  believe  that 
the  majority  of  the  Convention  of  this  State  will  be  com 
posed  of  anti-federal  characters  ;  but  it  is  doubtful  whether 
the  leaders  will  be  able  to  govern  the  party.  Many  in 
opposition  are  friends  to  union,  and  mean  well  ;  but  their 
principal  leaders  are  very  far  from  being  solicitous  about 
the  fate  of  the  Union  ;  they  wish  and  mean,  if  possible,  to 
reject  the  constitution  with  as  little  debate  and  as  much 
speed  as  may  be.  It  is  not,  however,  certain  that  the 
greater  part  of  their  party  will  be  equally  decided,  or 
rather  equally  desperate. 

"  An  idea  has  taken  air  that  the  southern  part  of  the  State 
will,  at  all  events,  adhere  to  the  Union  ;  and,  if  necessary 
to  that  end,  seek  a  separation  from  the  northern.  This 
idea  has  influence  on  the  fears  of  the  party.  I  cannot  find 
that  they  have  as  yet  so  looked  forward  to  contingent 

VOL.  I.  -  M  M 


266  LIFE    OF   JOHN   JAY. 

events,  or  even  to  those  the  most  probable,  as  to  have  united 
in  or  formed  any  system  adapted  to  them. 
"  With  perfect  respect  and  esteem, 

"  I  am,  dear  sir, 
"  Your  affectionate  and  humble  servant, 

"JoHN  JAY." 

FROM    GEORGE    WASHINGTON. 

"  Mount  Vernon,  June  8th,  1788. 
"  DEAR  SIR, 

"  By  the  last  mail  I  had  the  pleasure  to  receive  your  letter 
of  the  29th  May,  and  have  now  the  satisfaction  to  congratu 
late  you  on  the  adoption  of  the  constitution  by  the  Conven 
tion  of  South  Carolina. 

"  I  am  sorry  to  learn  there  is  a  probability  that  the 
majority  of  members  in  the  New- York  Convention  will  be 
anti-federalists.  Still  I  hope  that  some  event  will  turn  up 
before  they  assemble  which  may  give  a  new  complexion  to- 
the  business.  If  this  State  should  in  the  intermediate  time 
make  the  ninth  that  shall  have  ratified  the  proposed  govern 
ment,  it  will,  I  flatter  myself,  have  its  due  weight.  To 
show  that  this  event  is  now  more  to  be  expected  than 
heretofore,  I  will  give  you  a  few  particulars  which  I  have 
from  good  authority,  and  which  you  might  not  perhaps 
immediately  obtain  through  any  public  channel  of  con 
veyance. 

"  On  the  day  appointed  for  the  meeting  of  the  Convention* 
a  large  proportion  of  the  members  assembled  and  unani 
mously  placed  Mr.  Pendleton  in  the  chair.  Having  on  that 
and  the  subsequent  day  chosen  the  rest  of  their  officers,  and 
fixed  upon  the  mode  of  conducting  the  business,  it  was 
moved  by  some  one  of  those  opposed  to  the  constitution,  to 
debate  the  whole  by  paragraphs,  without  taking  any  ques 
tion  until  the  investigation  should  be  completed.  This  was 
as  unexpected  as  acceptable  to  the  federalists ;  and  their 


LIFE    OF   JOHN   JAY.  267 

Teady  acquiescence  seems  to  have  somewhat  startled  the 
opposition,  for  fear  they  had  committed  themselves. 

"  Mr.  Nicholas  opened  the  business  by  very  ably  advo 
cating  the  system  of  representation.  Mr.  Henry,  in  answer, 
went  more  vaguely  into  the  discussion  of  the  constitution, 
intimating  that  the  federal  Convention  had  exceeded  their 
powers,  and  that  we  had  been  and  might  be  happy  under 
the  old  confederation,  with  a  few  alterations.  This  called 
up  Governor  Randolph,  who  is  reported  to  have  spoken 
with  great  pathos  in  reply ;  and  who  declared  that,  since 
so  many  of  the  States  had  adopted  the  proposed  constitu 
tion,  he  considered  the  sense  of  America  to  be  already 
taken,  and  that  he  should  give  his  vote  in  favour  of  it,  with 
out  insisting  previously  upon  amendments.  Mr.  Mason  rose 
in  opposition,  and  Mr.  Madison  reserved  himself  to  obviate 
the  objections  of  Mr.  Henry  and  Col.  Mason  the  next  day. 
Thus  the  matter  rested  when  the  last  accounts  came  away. 
Upon  the  whole,  the  following  inferences  seem  to  have  been 
drawn.  That  Mr.  Randolph's  declaration  will  have  con 
siderable  effect  with  those  who  had  hitherto  been  wavering; 
that  Mr.  Henry  and  Col.  Mason  took  different  and  awk 
ward  ground,  and  by  no  means  equalled  the  public  expecta 
tion  in  their  speeches ;  that  the  former  has  probably  re 
ceded  somewhat  from  his  violent  measures,  to  coalesce 
with  the  latter;  and  that  the  leaders  of  the  opposition 
appear  rather  chagrined,  and  hardly  to  be  decided  as  to 
their  mode  of  opposition. 

"  The  sanguine  friends  to  the  constitution  counted  upon 
a  majority  of  twenty  at  their  first  meeting,  which  number 
they  imagine  will  be  greatly  increased ;  while  those  equally 
strong  in  their  wishes,  but  more  temperate  in  their  habits 
of  thinking,  speak  less  confidently  of  the  greatness  of  the 
majority,  and  express  apprehensions  of  the  arts  that  may 
yet  be  practised  to  excite  alarms,  particularly  with  the 
members  from  the  western  district  (Kentucky).  All,  how 
ever^  agree  that  the  beginning  has  been  as  auspicious 


268  LIFE    OF    JOHN    JAY. 

as  could  possibly  have  been  expected.     A  few  days  will 
now  ascertain  us  of  the  result. 

"  With  sentiments  of  the  highest  esteem  and  regard, 

"  I  am,  dear  sir, 
"  Your  most  obedient  and 

"Affectionate  humble  servant, 

"  GEO.  WASHINGTON. 

On  the  17th  June,  the  Convention  assembled  at  Pough- 
keepsie,  and  Mr.  Clinton,  the  governor  of  the  State,  and  a 
decided  anti-federalist,  was  placed  in  the  chair.  The  char 
acter  of  the  Convention  was  thus  depicted  by  Mr.  Jay. 


TO    GEORGE    WASHINGTON. 

"  Poughkeepsie,  June,  1788. 


"  DEAR  SIR, 

"  Your  obliging  letter  of  the  8th  inst.  found  me  at  this 
place  ;  I  thank  you  for  the  interesting  circumstances  men 
tioned  in  it.  The  complexion  of  our  Convention  is  such 
as  was  expected.  They  have  hitherto  proceeded  with 
temper  and  moderation ;  but  there  is  no  reason  to  think 
that  either  party  has  made  much  impression  on  the  other. 
The  leaders  in  opposition  seem  to  have  more  extensive 
views  than  their  adherents,  and  until  the  latter  perceive 
that  circumstance  they  will  probably  continue  combined. 
The  greater  number  are,  I  believe,  averse  to  a  vote  of  re 
jection.  Some  would  be  content  with  recommendatory 
amendments ;  others  wish  for  explanatory  ones  to  settle 
constructions  which  they  think  doubtful :  others  would  not 
be  satisfied  with  less  than  absolute  and  previous  amend 
ments  ;  and  I  am  mistaken  if  there  be  not  a  few  who  prefer 
a  separation  from  the  Union  to  any  national  government 
whatever.  They  suggest  hints  of  the  importance  of  this 
State,  of  its  capacity  to  command  terms,  of  the  policy  of 
its  taking  its  own  time,  and  fixing  its  own  price,  &c. :  they 
intimate  that  an  adjournment  may  be  expedient,  and  that 


LIFE    OF   JOHN    JAY.  269 

it  might  be  best  to  see  the  operation  of  the  new  govern 
ment  before  they  receive  it. 

"  The  people,  however,  are  gradually  coming  right,  not 
withstanding  the  singular  pains  taken  to  prevent  it.  The 
accession  of  New-Hampshire  does  good,  and  that  of  Vir 
ginia  would  do  more. 

"  With  the  greatest  respect  and  esteem, 

"  I  am,  dear  sir, 
"  Your  affectionate  and  humble  servant, 

"JOHN  JAY." 

The  time  of  the  Convention  was  occupied  for  more  than 
three  weeks  in  discussing  the  constitution,  without  any 
question  being  taken  that  could  test  the  strength  of  the  two 
parties. 

In  these  discussions,  Mr.  Jay  took  an  active  part,  and 
was  ably  and  zealously  seconded  by  Chancellor  Livingston, 
Colonel  Hamilton,  and  others.  On  the  llth  of  July,  he 
moved  that  the  constitution  be  ratified,  and  that  whatever 
amendments  might  be  deemed  expedient  should  be  recom 
mended.  This  motion  compelled  the  majority  to  avow 
their  intentions ;  and  it  was  accordingly  modified  into  a 
motion  to  ratify  the  constitution  "  on  condition"  that  certain 
specified  amendments  should  be  made.  Most  of  these 
amendments,  many  of  them  evincing  a  puerile  jealousy  of 
the  new  government,  and  tending  to  destroy  its  energy 
and  usefulness,  were  carried  by  a  majority  of  about  twenty 
votes.  After  a  long  struggle,  the  words  "on  condition" 
were  exchanged  for  the  words  "  in  full  confidence"  in  the 
proposed  form  of  ratification,  by  two  votes. 

An  attempt  was  then  made  to  reserve  to  the  State  the 
right  of  receding  from  the  Union,  in  case  the  desired 
amendments  were  not  adopted,  but  it  proved  unsuccessful. 
It  was  determined  to  submit  these  amendments  to  the 
several  States,  accompanied  by  a  circular  letter,  and  Mr. 
Jay  was  selected  to  draught  the  letter.  The  task  assigned 


270  LIFE    OF   JOHN   JAY. 

to  him  was  a  delicate  one.  Being  himself  opposed  to 
almost  all  these  amendments,  he  could  not  of  course  recom 
mend  them.  He  represented  them  in  the  letter  as  express 
ing  the  opinions  and  wishes  of  a  majority  of  the  Conven 
tion,  and  urged  the  propriety  of  submitting  the  amendments 
proposed  by  each  State  to  the  decision  of  a  general  Con 
vention,  from  the  consideration  that  "  no  government,  how 
ever  constituted,  can  operate  well,  unless  it  possesses  the 
confidence  and  good  will  of  the  great  body  of  the  people." 
The  candour  and  fairness  of  this  letter  secured  for  it  the 
unanimous  assent  of  the  Convention.  The  final  question 
on  the  ratification  of  the  constitution  was  taken  on  the  26th 
of  July ;  and  the  State  of  New- York  became  a  member  of 
the  new  confederation  by  a  majority  of  three  votes.  This 
happy  result,  so  little  anticipated  a  few  weeks  before,  was 
no  doubt  owing  in  part  to  the  accession  of  New-Hamp 
shire  and  Virginia  during  the  session  of  the  Convention, 
and  which  left  to  New- York  the  alternative  of  following 
their  example,  or  of  being  exposed  to  all  the  dangers  of  a 
small  and  defenceless  nation,  in  the  midst  of  a  powerful 
confederacy.  Much  also  is  to  be  attributed  to  the  effect  of 
the  reasoning  and  eloquence  of  Jay,  Hamilton,  and 
Livingston,  upon  the  more  moderate  and  candid  of  the 
opposite  party.  Still  the  fact,  that  of  fifty-seven  members, 
no  less  than  twenty-seven  were  desirous  to  insulate  the 
State  of  New- York,  and  to  encounter  the  hazards  resulting 
from  a  dissolution  of  the  Union,  and  the  erection  of  petty 
and  independent  sovereignties,  rather  than  accept  a  con 
stitution  which  has  conferred  such  unexampled  prosperity 
on  the  nation,  affords  a  melancholy  instance  of  the  blind 
ness  and  malignity  of  party  spirit. 

The  news  of  the  ratification  was  received  in  the  city  of 
New- York  with  a  general  burst  of  joy.  Cannon  were 
fired,  and  the  bells  rung ;  and  crowds,  assembling  before 
the  houses  of  the  delegates,  testified  their  approbation  of 
.their  conduct  by  repeated  cheerings. 


LIFE    OF   JOHN   JAY.  271 


CHAPTER  VIII. 
1789-94. 


Federal  Government  organized — Mr.  Jay  appointed  Chief  Justice — Officiates 
as  Secretary  of  State— His  Charge  to  the  Grand  Jury— Attentions  to  him 
on  his  Circuit — Elected  Governor — Votes  burnt  by  Canvassers,  who  de 
clare  Mr.  Clinton  to  be  Governor — Public  Excitement — Honours  paid  Mr. 
Jay  by  the  People — Proceedings  of  the  Legislature — Opinion  on  the  Sua 
bility  of  States — Proclamation  of  Neutrality — Arrival  and  Conduct  of 
Genet — Causes  of  Complaint  against  British  Government — Mr.  Jay 
appointed  Envoy  to  Great  Britain— Embarks  for  England— Origin,  Char 
acter,  and  Objects  of  the  Democratic  Societies. 


IN  the  month  of  January,  1789,  in  pursuance  of  the 
recommendation  of  Congress,  electors  were  chosen  by  such 
of  the  States  as  had  accepted  the  new  constitution ;  and  in 
the  following  month  these  electors  gave  their  votes  for  Pres 
ident  and  Vice  President.  The  votes  were  not  to  be 
counted  till  the  meeting  of  the  new  Congress  on  the  4th  of 
March,  the  day  fixed  for  the  dissolution  of  the  confederacy 
and  the  commencement  of  the  federal  government.  The 
meeting  of  Congress  was  delayed  till  the  6th  April,  when 
they  assembled  at  New- York,  and,  on  counting  the  ballots, 
declared  that  General  Washington  had  been  unanimously 
elected  President  of  the  United  States.  The  general  was- 
at  this  time  at  his  seat  in  Virginia.  Arrangements  were 
soon  commenced  for  the  accommodation  of  the  President 
at  New-York;  and  having  been  unexpectedly  completed 
before  his  arrival,  he  found  it  unnecessary  to  accept  the 
invitation  conveyed  in  the  following  letter : 


272  LIFE    OF    JOHN    JAY. 

"  TO    GEORGE    WASHINGTON. 

«  New-York,  14th  April,  1789. 
"DEAR    SlR, 

"  On  my  return  last  evening  from  a  fortnight's  absence  in 
the  country,  I  was  informed  that  proper  arrangements  for 
your  immediate  accommodation  were  not  yet  made.  Per 
mit  me,  therefore,  to  take  the  liberty  of  requesting  the 
favour  of  you  to  be  with  me  in  the  mean  time  ;  and  if  Mrs. 
Washington  should  accompany  you,  we  should  be  still 
more  happy.  As  the  measures  that  were  in  contemplation 
on  this  subject  would  have  given  an  earlier*  invitation  the 
appearance  of  a  mere  compliment,  it  was  omitted.  Con 
sidering  all  circumstances,  I  really  think  you  would  expe 
rience  at  least  as  few  inconveniences  with  me  as  in  any 
other  situation  here.  Your  reluctance  to  give  trouble,  will 
doubtless  suggest  objections  ;  apprized  of  this,  we  shall  be 
particularly  careful  to  preserve  such  a  degree  of  simplicity 
in  our  domestic  management,  as  will  render  you  easy  on 
that  head.  In  a  word,  you  shall  be  received  and  entertained 
exactly  in  the  way  which  if  in  your  place  I  should  prefer, 
viz.  with  plain  and  friendly  hospitality. 

"  You  will  soon  want  a  secretary,  and  it  would  be  con 
venient  to  have  him  near  you.  Let  me  therefore  add,  that 
I  have  a  room  very  much  at  his  service,  and  which  may  as 
well  be  occupied  by  him  as  remain  as  it  now  is,  empty. 

"  I  cannot  conclude  this  letter  without  thanking  you  as 
an  American,  for  generously  complying  with  the  wishes  of 
our  country  at  this  interesting  period.  Personal  considera 
tions  strongly  recommend  retirement,  and  none  but  public 
and  national  ones  would  draw  you  from  it.  The  people  at 
large  seem  sensible  of  this,  and  do  you  justice  ;  and  I  am  glad 
of  it  for  their  sake  as  well  as  yours,  for  the  more  justice 
they  do  you,  the  more  good  you  will  be  able  to  do  them. 
With  the  most  perfect  esteem  and  regard,  I  am,  dear  sir, 
"  Your  affectionate  and  obedient  servant, 

"JOHN  JAY." 


LIFE    OF   JOHN   JAY.  273 

The  president  reached  New- York  on  the  23d  April,  and 
the  30th  was  fixed  for  his  taking  the  oath  of  office.  As 
this  ceremony  would  so  far  complete  the  organization  of 
the  government  as  to  enable  it  to  go  into  operation,  it  was 
thought  proper  that  the  citizens  should  unite  in  public  sup 
plications  to  Heaven  on  the  occasion.  At  nine  o'clock  in 
the  morning  all  the  churches  were  opened,  and  the  several 
congregations  assembled  with  their  pastors  to  commend  the 
federal  government,  and  the  individual  who  was  placed  at 
its  head,  to  the  favour  and  protection  of  the  Almighty  Ruler 
of  nations.  On  the  conclusion  of  this  solemn  and  affecting 
duty,  a  procession  was  formed,  under  the  directions  of  Con 
gress,  to  accompany  the  president  from  his  residence  to  the 
hall  of  Congress.  In  the  balcony  of  this  edifice  the  oath  of 
office  was  administered  to  him,  in  the  presence  of  a  vast 
multitude.  The  president  then  delivered  an  address  to 
Congress,  which  he  concluded  with  "  resorting  once  more 
to  the  benign  Parent  of  the  human  race,  in  humble  suppli 
cation,  that  since  He  has  been  pleased  to  favour  the  Amer 
ican  people  with  opportunities  for  deliberating  in  perfect 
tranquillity,  and  dispositions  for  deciding  with  unparalleled 
unanimity,  on  a  form  of  government  for  the  security  of  their 
Union  and  the  advancement  of  their  happiness ;  so  his  di 
vine  blessing  may  be  equally  conspicuous  in  the  enlarged 
views,  the  temperate  consultations,  and  the  wise  measures 
on  which  the  success  of  this  government  must  depend." 

Immediately  after  this  address,  the  president,  with  both 
houses  of  Congress,  attended  divine  service  in  St.  Paul's 
church,  to  render  their  thanksgivings  to  the  Supreme  Being, 
for  the  peaceful  and  successful  establishment  of  the  new  gov 
ernment,  and  to  implore  for  it  his  future  guidance  and  favour. 
Congress  adjourned  on  the  29th  September,  having  first 
passed  a  resolution  requesting  the  president  to  recommend  to 
the  people  of  the  United  States,  to  observe  a  day  of  public 
thanksgiving  and  prayer,  "acknowledging,  with  grateful 
hearts,  the  many  and  signal  favours  of  Almighty  God,  espe- 

VOL.  I. N  N 


274  LIFE    OF   JOHN    JAY. 

cially  by  affording  them  an  opportunity  peaceably  to  estab 
lish  a  constitution  of  government  for  their  safety  and  hap 
piness." 

Thus  was  the  present  edifice  of  the  federal  government 
founded  by  patriotism  and  consecrated  by  piety  ;  and  to  the 
wisdom  and  virtue  of  the  builders  must  we  ascribe  its  pre 
servation,  under  Providence,  amid  the  winds  and  floods 
which  have  so  often  beat  vehemently  against  it. 

Some  time  necessarily  elapsed  before  the  various  depart 
ments  of  government  were  fully  organized.  Many  of  them 
were  to  be  created  by  the  Legislature ;  and  those  laws 
which  were  of  the  most  pressing  importance  engaged,  of 
course,  the  earliest  attention  of  Congress.  The  president's 
opinion  of  Mr.  Jay's  ability  and  disposition  to  serve  his 
country  induced  him  to  ask  his  acceptance  of  any  office  he 
might  prefer. 

An  efficient  government,  which  had  long  been  the  object 
of  Mr.  Jay's  ardent  wishes  and  labours,  was  now  estab 
lished  ;  but  it  had  been  established  after  a  long  and  irrita 
ting  struggle.  Two  States  still  refused  to  accede  to  it ; 
and  in  all  the  others,  an  opposition  to  it,  more  or  less  pow 
erful,  still  existed.  State  jealousies  and  local  interests  were 
adverse  to  the  successful  and  harmonious  operation  of  the 
new  constitution ;  and  a  firm  and  vigorous  administration 
of  the  laws  was  indispensable  to  the  stability  of  the  Union. 
These  considerations  probably  led  him  to  select  the  Su 
preme  Court  of  the  United  States  as  the  sphere  in  which, 
for  the  future,  his  talents  could  be  most  usefully  exerted  for 
the  common  good.  He  was  accordingly,  on  the  26th  Sep 
tember,  appointed  chief  justice  of  that  court,  a  station  for 
wrhich  his  professional  education  and  the  habits  of  his  mind 
peculiarly  qualified  him. 

The  office  of  secretary  for  foreign  affairs  had  of  course 
expired  with  the  old  government ;  but  at  the  president's 
request  Mr.  Jay  consented  to  officiate  as  secretary  of  state 
till  the  ensuing  spring,  when  Mr.  Jefferson,  who  had  been 


LIFE    OF   JOHN    JAY.  275 

appointed  to  the  office,  arrived  from  France,  and  entered 
upon  its  duties. 

1790.]  The  Supreme  Court  was  not  fully  organized  till 
the  3d  April,  and  the  next  day  the  chief  justice  held  in  New- 
York  the  first  Circuit  Court.  We  have  already  adverted 
to  the  very  peculiar  circumstances  under  which  he  was 
called,  as  chief  justice  of  the  State  of  New- York,  to  adminis 
ter  justice  in  the  name  of  the  people,  instead  of  that  of  his 
late  sovereign,  whose  armies  were  at  that  moment  spreading 
terror  and  desolation  around  him.  His  emotions  on  the 
present  occasion,  though  more  unmixed  than  before,  must 
still  have  been  strongly  excited.  He  now  saw  his  country 
in  the  enjoyment,  not  only  of  peace  and  independence,  but 
of  a  wise,  equal,  and  energetic  government ;  and  after  hav 
ing  long  deplored  those  aberrations  from  justice  and  good 
faith  which  had  tarnished  the  lustre  of  the  American  con 
federacy,  he  found  himself  called  to  apply  his  own  inflexible 
principles  of  right,  not  only  to  private  controversies,  but 
likewise  to  such  as  involved  the  obligations  of  treaties,  and 
the  honour  and  interests  of  the  nation. 

In  his  charge  to  the  grand  jury,  he  directed  their  attention 
to  the  favour  Providence  had  vouchsafed  the  American 
people,  in  permitting  them  to  choose  their  own  government, 
and  to  the  duties  resulting  from  this  unwonted  privilege. 

"  Whether  any  people,"  said  the  chief  justice,  '  can  long 
govern  themselves  in  an  equal,  uniform,  and  orderly  man 
ner,  is  a  question  which  the  advocates  for  free  governments 
justly  consider  as  being  exceedingly  important  to  the  cause 
of  liberty.  This  question,  like  others  whose  solution  de 
pends  on  facts,  can  only  be  determined  by  experience.  It 
is  a  question  on  which  many  think  some  room  for  doubt 
still  remains.  Men  have  had  very  few  opportunities  of 
making  the  experiment ;  and  this  is  one  reason  why  less 
progress  has  been  made  in  the  science  of  government  than 
in  almost  any  other.  The  far  greater  number  of  constitu 
tions  and  governments  of  which  we  are  informed,  have 


276  LIFE    OF   JOHN    JAY. 

originated  in  force  or  in  fraud  ;  having  been  either  imposed  - 
by  improper  exertions  of  power,  or  introduced  by  the  arts 
of  designing  individuals,  whose  apparent  zeal  for  liberty 
and  the  public  good  enabled  them  to  take  advantage  of  the 
credulity  and  misplaced  confidence  of  their  fellow-citizens. 

"  Providence  has  been  pleased  to  bless  the  people  of  this 
country  with  more  perfect  opportunities  of  choosing,  and 
more  effectual  means  of  establishing,  their  own  government 
than  any  other  nation  has  hitherto  enjoyed ;  and  for  the  use 
we  may  make  of  these  means  we  shall  be  highly  responsible 
to  that  Providence,  as  well  as  to  mankind  in  general,  and 
to  our  own  posterity  in  particular. 

"  It  cannot  be  too  strongly  impressed  on  the  minds  of  all 
how  greatly  our  individual  prosperity  depends  on  our 
national  prosperity,  and  how  greatly  our  national  prosperity 
depends  on  a  well  organized,  vigorous  government,  ruling 
by  wise  and  equal  laws,  faithfully  executed.  Nor  is  such 
a  government  unfriendly  to  liberty — to  that  liberty  which  is 
really  estimable.  On  the  contrary,  nothing  but  a  strong 
government  of  laws,  irresistibly  bearing  down  arbitrary 
power  and  licentiousness,  can  defend  it  against  those  two 
formidable  enemies.  Let  it  be  remembered  that  civil  liberty 
consists,  not  in  a  right  to  every  man  to  do  just  what  he 
pleases,  but  it  consists  in  an  equal  right  to  all  the  citizens  to 
have,  enjoy,  and  do,  in  peace,  security,  and  without  mo 
lestation,  whatever  the  equal  and  constitutional  laws  of  the 
country  admit  to  be  consistent  with  the  public  good." 

As  the  law  establishing  the  judicial  department  required 
the  judges  to  hold  circuits  in  the  different  States,  the  chief 
justice  received  various  invitations  from  his  friends  to  reside 
with  them  while  holding  his  courts.  To  an  invitation  of 
this  sort,  received  soon  after  his  appointment,  he  replied  : — 
"  Accept  my  cordial  acknowledgments  for  your  kind  letter : 
congratulations  are  pleasant  when,  as  in  the  present  case, 
their  sincerity  is  unquestionable.  Your  friendly  invitation 
marks  esteem  and  attachment,  and  is  therefore  most  grate- 


LIFE    OP   JOHN    JAY.  277 

ful.  As  a  man,  and  your  friend,  I  should  be  happy  in 
accepting  it ;  but,  as  a  judge,  I  have  my  doubts — they  will 
occur  to  you  without  details.  I  am  inclined  to  think  some 
general  rule  on  this  subject  would  be  prudent ;  as  yet,  I 
have  not  considered  it  maturely."  On  further  reflection, 
he  adopted  and  adhered  to  the  rule  of  lodging  only  at  public 
houses,  while  holding  court  at  a  distance  from  home. 

In  April  he  commenced  his  first  circuit  through  New- 
England.  In  no  quarter  of  the  Union  were  his  character 
and  public  services  held  in  higher  estimation,  and  nowhere 
was  he  received  with  more  cordiality  and  respect.  On 
approaching  New-Haven  he  was  met  by  a  body  of  the 
citizens,  who  escorted  him  into  their  town.  While  at 
Boston  its  hospitable  inhabitants  were  lavish  in  their  civil 
ities  to  him ;  and  Harvard  university  presented  him  with 
the  diploma  of  Doctor  of  Laws.  The  citizens  of  Ports 
mouth  honoured  him  with  a  public  entry  into  the  town ; 
and,  on  his  departure,  attended  him  some  distance  on  his 
journey. 

In  the  autumn  he  again  rode  the  circuit,  and  held  courts 
in  Boston,  Exeter,  Providence,  Hartford,  and  Albany.  The 
following  correspondence  took  place  while  he  was  on  this 
circuit,  and  evinces  his  intimate  acquaintance  with  the 
character  of  the  president,  which  led  him  thus  to  antici 
pate  his  wishes  in  suggesting  topics  for  his  communica 
tion  to  Congress  at  its  approaching  session. 

"TO    GEORGE    WASHINGTON. 

"Boston,  13th  Nov.,  1790. 
"DEAR    SlR, 

"  The  act  '  to  regulate  trade  and  intercourse  with  the 
Indian  tribes,1  passed  the  last  session,  directs  that  the 
superintendents  and  persons  by  them  licensed,  shall  be 
governed  iri  all  things  touching  the  said  trade  and  inter 
course,  by  such  rules  and  regulations  as  the  president  shall 


278  LIFE    OF   JOHN    JAY. 

prescribe.  I  was  lately  asked,  Whether  any  and  what 
arrangements  had  been  made  in  pursuance  of  this  act? 
My  answer  was,  that  I  had  not  heard,  but  was  persuaded 
that  every  thing  necessary  either  had  been  or  would  soon 
be  done.  As  every  licensed  trader  must  know  what  rules 
and  regulations  he  is  to  obey  and  observe,  would  it  be 
amiss  to  publish  them  ? 

"  The  constitution  gives  power  to  the  Congress  '  to  coin 
money,  regulate  the  value  thereof,  and  of  foreign  coin :  to 
provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States.'  If  the  word  cur 
rent  had  been  omitted,  it  might  have  been  doubted  whether 
the  Congress  could  have  punished  the  counterfeiting  of 
foreign  coin.  Mexican  dollars  have  long  been  known  in 
our  public  acts  as  current  coin.  The  55th  sect,  of  the  act 
*  to  provide  more  effectually  for  the  collection  of  the  duties/ 
&c.  enumerates  a  variety  of  foreign  coins  which  shall  be 
received  for  the  duties  and  fees  mentioned  in  it. 

"  The  late  penal  act  (as  it  is  generally  called)  provides 
punishment  for  counterfeiting  paper,  but  not  coin,  foreign 
or  domestic.  Whether  this  omission  was  accidental  or 
designed,  I  am  uninformed.  It  appears  to  me  more  expe 
dient,  that  this  offence,  as  it  respects  current  coin,  should 
be  punished  in  a  uniform  manner  throughout  the  nation, 
rather  than  be  left  to  State  laws  and  State  courts. 

"  The  constitution  provides,  that  '  no  State  shall  coin 
money,  nor  make  any  thing  but  gold  or  silver  coin  a  tender 
in  payment  of  debts.'  Must  not  this  gold  and  silver  coin 
be  such  only  as  shall  be  either  struck,  or  made  current  by 
the  Congress.  At  present,  I  do  not  recollect  any  act  which 
designates,  unless  perhaps  by  implication,  what  coins  shall 
be  a  legal  tender  between  citizen  and  citizen. 

"  The  Congress  have  power  to  establish  post  roads. 
This  would  be  nugatory  unless  it  implied  a  power  either  to 
repair  these  roads  themselves,  or  compel  others  to  do  it. 


LIFE    OF   JOHN   JAY.  279 

The  former  seems  to  be  the  more  natural  construction. 
Possibly,  the  turnpike  plan  might  gradually  and  usefully  be 
introduced. 

"  It  appears  advisable,  that  .the  United  States  should 
have  a  fortress  near  the  heads  of  the  western  waters ; 
perhaps  at,  or  not  very  distant  from  Fort  Pitt ;  to  secure 
the  communication  between  the  western  and  Atlantic 
countries ;  and  that  the  place  be  such  as  would  cover  the 
building  of  vessels  proper  for  the  navigation  of  the  most 
important  of  those  waters.  Should  not  West  Point,  or  a 
better  post  if  to  be  found  on  Hudson  River,  be  kept  up  ? 
An  impregnable  harbour  in  the  north,  and  another  in  the 
south,  seem  to  me  very  desirable.  Peace  is  the  time  to 
prepare  for  defence  against  hostilities. 

"  There  is  some  reason  to  apprehend  that  masts  and 
ship-timber  will,  as  cultivation  advances,  become  scarce, 
unless  some  measures  be  taken  to  prevent  their  waste  ;  or 
provide  for  the  preservation  of  a  sufficient  fund  of  both. 

"  Being  persuaded  that  we  could  undersell  other  nations 
in  salted  provisions,  especially  beef,  provided  none  but  of 
the  first  quality  was  exported,  I  am  inclined  to  think  the 
national  government  should  attend  to  it ;  nay,  that  the 
whole  business  of  inspecting  all  such  of  our  exports  of 
every  kind  as  may  be  thought  to  require  inspection,  should 
be  done,  under  their  exclusive  authority,  in  a  uniform  man 
ner  :  where  State  inspection  laws  are  good,  they  might  be 
adopted.  If  the  individual  States  inspect  by  different  rules, 
and  some  of  them  not  at  all,  the  article  in  question  will  not 
go  to  market  with  such  plain  and  decided  evidence  of 
quality  as  to  merit  confidence  ;  especially  as  various  marks 
under  various  State  laws  multiply  the  means  of  fraud  and 
imposition :  if  only  the  best  commodities  in  their  kind  were 
exported,  we  should  gain  in  name  and  price  what  we  might 
lose  at  first  by  diminution  of  quality. 

"  I  think  it  probable  that  this  letter  will  find  you  at 


280  LIFE    OF  JOHN   JAY. 

Philadelphia,  if  not,  I  presume  it  will  be  forwarded  by 
some  of  your  family :  but  how,  or  by  whom  is  uncertain. 
Much  content  and  good-humour  is  observable  in  these 
States.  The  acts  of  Congress  are  as  well  respected  and 
observed  as  could  have  been  expected.  The  assumption 
gives  general  satisfaction  here.  The  deviation  from  con 
tract  respecting  interest,  is  censured  by  some.  They  say, 
and  not  without  reason,  that  the  application  of  surplus 
revenue  to  the  purchase  of  stock  shows  that  the  measure 
did  not  result  from  necessity. 

"  With  the  most  perfect  respect,  esteem,  and  attachment, 
"  I  have  the  honour  to  be,  dear  sir, 

"  Your  obliged  and  obedient  servant, 

"JoHN  JAY." 

"TO    JOHN    JAY. 

"  [Private.] 

"  Mount  Vernon,  Nov.  19th,  1790. 

"  MY  DEAR  SIR, 

"  The  day  is  near  when  Congress  is  to  commence  its 
third  session ;  and  on  Monday  next,  nothing  intervening  to 
prevent  it,  I  shall  set  out  to  meet  them  at  their  new  resi 
dence. 

"  If  any  thing  in  the  judiciary  line,  if  any  thing  of  a  more 
general  nature,  proper  for  me  to  communicate  to  that  body 
at  the  opening  of  the  session,  has  occurred  to  you,  you 
would  oblige  me  by  submitting  them  with  the  freedom  and 
frankness  of  friendship. 

"  The  length  and  badness  of  the  road  from  hence  to 
Philadelphia,  added  to  the  unsettled  weather  which  may 
be  expected  at  this  season,  will  more  than  probable  render 
the  term  of  my  arrival  at  that  place  uncertain ;  but  your 
sentiments,  under  cover,  lodged  with  Mr.  Lear  by  the  first 
of  next  month,  will  be  in  time  to  meet  me  and  the  com 
munications  from  the  other  great  departments ;  and  with 


LIFE    OF   JOHN    JAY.  281 

such  matters  as  have  been  handed  immediately  to  myself 
from  other  quarters,  or  which  have  come  under  my  own  ob 
servation  and  contemplation  during  the  recess,  will  enable 
me  to  form  the  sum  of  my  communications  to  Congress  at 
the  opening  of  the  session. 

"I  shall  say  nothing  of  domestic  occurrences  in  this 
letter,  and  those  of  foreign  import  you  would  receive  at 
second-hand  from  hence.  To  add  assurances  of  my  friend 
ship  and  regard  would  not  be  new ;  but  with  truth  I  can 
declare  that  I  am 

"  Your  affectionate  and  humble  servant, 

"  GEORGE  WASHINGTON." 

1791.]  The  time  of  the  chief  justice  was  this  year 
almost  wholly  occupied  by  the  duties  of  his  office.  He  held 
two  terms  of  the  supreme  court  at  Philadelphia,  and  twice 
rode  the  eastern  circuit,  which  was  now  extended  to  Ben- 
nington,  in  Vermont.  His  charges  to  grand  juries  appear 
to  have  been  generally,  if  not  always,  written  compositions  ; 
and  he  seems  to  have  embraced  these  opportunities  of  incul 
cating  those  great  principles  of  morality,  and  submission  to 
constitutional  authority,  which  can  alone  prevent  political 
liberty  from  degenerating  into  licentiousness  and  anarchy. 

Frequent  applications  were  made  to  the  chief  justice  for 
his  interest  with  the  president  and  heads  of  the  depart 
ments  in  appointments  to  office,  but  he  scrupulously  avoided 
all  interference.  In  one  instance  he  departed  from  this 
course  of  conduct,  but  it  was  in  relation  to  an  office  con 
nected  with  the  court  over  which  he  presided,  and  in  the 
faithful  discharge  of  which  he  was  himself  officially  inter 
ested.  The  following  letter  is  given  as  a  just  tribute  to 
the  character  of  an  estimable  citizen  and  an  exemplary 
Christian.* 

*  Gen.  Clarkson  was  at  his  death,  in  1824,  a  vice-president  of  the  American 
Bible  Society.     At  the  ensuing  anniversary  of  the  society,  the  Governor  of 
New- York,  Dcwitt  Clinton,  Esq.,  in  an  address  before  them,  thus  spoke  of 
VOL.  I. 0  O 


282  LIFE    OF    JOHN    JAY. 


"TO    GEORGE    WASHINGTON. 

"New-York,  13th  March,  1791. 
"  DEAR  SIR, 

"  Perceiving  that  you  have  been  pleased  to  appoint  Colonel 
Smith  a  supervisor  for  this  district,  I  conclude  that  on  his 
acceptance  of  that  place,  the  office  of  marshal  will  be  con 
ferred  on  some  other  person.  It  is  probable  that  several 
candidates  will  offer,  and  I  take  the  liberty  of  communicating 
my  sentiments  respecting  a  gentleman  who,  too  delicate  to 
display  his  own  merit,  possesses  more  than  falls  to  the  share 
of  many.  I  mean  General  Matthew  Clarkson.  I  think  him 
one  of  the  most  pure  and  virtuous  men  I  know ;  when  at 


their  deceased  officer :  "Matthew  Clarkson  was  a  man  who  filled  a  large  space 
in  the  circle  of  patriotism  and  benevolence.  Wherever  a  charitable  or  public- 
spirited  institution  was  about  to  be  established,  his  presence  was  considered 
essential.  As  his  heart  and  his  hand  were  ever  open  to  the  calls  of  charity, 
his  name  is  to  be  found  in  all  our  meritorious  societies,  whether  intended  for 
education,  for  relief,  or  for  protection.  No  object  which  implicated  the  wel 
fare  of  the  human  race  was  considered  foreign  to  his  duties.  His  sanction 
became  a  passport  to  public  approbation — it  encouraged  virtue  in  its  career, 
disarmed  opposition  of  its  power,  and  envy  of  its  venom. 

"  In  all  his  connexions  and  associations  he  was  distinguished  by  a  benig 
nity  of  disposition  and  an  amenity  of  behaviour,  which  endeared  him  to  all 
with  whom  he  had  communion.  His  first  object  was  to  do  good ;  his  next, 
to  do  it  in  the  most  acceptable  manner,  and  in  the  most  impressive  shape. 

"  During  the  revolutionary  war  he  was  a  gallant  officer  in  the  American 
army,  and  after  its  conclusion  he  held  high  and  confidential  civil  offices, 
which  he  filled  with  fidelity  and  ability.  But  the  last  years  of  his  life  were 
principally  devoted  to  the  promotion  of  those  institutions  which  reflect  so 
much  honour  on  the  religion,  the  education,  and  the  benevolence  of  our 
country. 

"  Although  the  benefits  which  he  conferred  on  the  community  by  the  ren 
dition  of  actual  services  are  of  the  most  impressive  character  ;  yet  the  illus 
trious  example  which  he  presented  to  mankind,  of  a  life  of  distinguished 
benevolence  and  usefulness,  is  of  a  more  important  nature.  As  a  model  for 
imitation — as  an  excitement  to  Christian  piety,  to  pure  benevolence,  and  to 
heroic  virtue,  his  merit  will  be  appreciated  and  his  influence  felt  long  after 
all  of  us  are  consigned  t6  the  grave." 


LIFE    OF    JOHN    JAY.  283 

Boston,  General  Lincoln  (whose  aid  he  was)  spoke  to  me 
of  him  in  terms  not  only  of  approbation,  but  affection. 
During  the  war  he  was  a  firm  and  active  whig,  and  since 
the  peace  a  constant  friend  to  national  and  good  government. 
Few  men  here,  of  his  standing,  enjoy  or  deserve  a  greater 
degree  of  the  esteem  and  good  will  of  the  citizens  than  he 
does,  and,  in  my  opinion,  he  would  discharge  the  duties  of 
that,  or  any  office  for  which  he  may  be  qualified,  with  pro 
priety  and  honour. 

"Be  pleased  to  present  my  respectful  compliments  to 
Mrs.  Washington,  and  permit  me  to  assure  you  of  the  per 
fect  respect,  esteem,  and  attachment,  with  which  I  am, 

"  Dear  sir, 
"  Your  obliged  and  obedient  servant, 

"  JOHN  JAY." 

It  is  scarcely  necessary  to  add  that  General  Clarkson 
received  the  appointment. 

1792.]  It  may  be  recollected  that  in  1785,  Mr.  Jay,  in  a 
letter  declining  to  be  a  candidate  for  the  office  of  governor, 
used  the  following  language  :  "  If  the  circumstances  of  the 
State  were  pressing — if  real  disgust  and  discontent  had 
spread  through  the  country — if  a  change  had  in  the  general 
opinion  become  not  only  advisable  but  necessary,  and  the 
good  expected  from  that  change  depended  upon  me,  then 
my  present  objections  would  immediately  yield  to  the  con 
sideration,  that  a  good  citizen  ought  cheerfully  to  take  any 
station  which  his  country  on  such  occasions  may  think 
proper  to  assign  him,  without  in  the  least  regarding  the  per 
sonal  consequences  which  may  result  from  its  being  more 
or  less  elevated." 

The  case  thus  hypothetically  stated  had  now,  in  the 
opinion  of  many,  actually  occurred.  It  is  unnecessary  to 
mention  the  reasons  for  this  opinion,  and  to  revive  the 
charges  which  were  then  made  against  the  chief  magistrate 
of  New- York.  Suffice  it  to  say,  that  those  who  saw  in  the 


284  LIFE    OP   JOHN   JAY. 

maintenance  of  the  federal  government,  in  all  its  constitu 
tional  energy,  the  only  hope  of  national  honour  and  pros 
perity,  and  those  who  believed  that  the  interests  of  the  State 
were  endangered  by  the  policy  and  conduct  of  Governor 
Clinton,  turned  to  the  chief  justice  as  the  only  man  whose 
character  and  influence  could  be  brought  into  successful 
competition  with  the  popularity  with  which  revolutionary 
services,  aided  by  a  long  and  extensive  distribution  of  offi 
cial  patronage,  had  invested  the  present  incumbent. 

Early  in  February  a  public  meeting  was  held  in  the  city 
of  New- York,  at  which  it  was  resolved  to  support  the  chief 
justice  for  governor  at  the  ensuing  election ;  and  a  commit 
tee  was  appointed  to  solicit  his  acceptance  of  the  nomination. 
He  yielded  to  their  wishes,  in  consistency  with  his  declara 
tion  made  seven  years  before,  and  in  so  doing  consented  to 
make  no  slight  sacrifice  of  personal  importance  and  pecu 
niary  interest  to  the  welfare  of  his  native  State.  His  present 
station  was  one  he  had  himself  selected.  Its  tenure  was 
independent  of  the  fluctuations  of  public  opinion,  and  its 
emoluments  were  greater  than  those  of  the  office  now  ten 
dered  to  him. 

The  nomination  made  in  the  city  was  immediately  re 
echoed  throughout  the  State,  and  it  was  soon  perceived 
that  the.  re-election  of  Governor  Clinton  was  extremely 
doubtful.  No  time  was  lost  by  the  opponents  of  the  chief 
justice  in  taking  measures  to  prevent  his  success  ;  and  they 
were  too  little  scrupulous  as  to  the  means  they  employed. 
His  private  character  was  invulnerable,  and  was  not 
assailed ;  but  his  political  opinions,  and  especially  his 
attachment  to  the  federal  government,  were  urged  upon  the 
anti-federal  State  of  New- York  as  proofs  of  his  unfitness 
for  the  executive  chair. 

New- York  was  then  a  slaveholding  State,  and  pains 
were  taken  to  excite  the  prejudices  of  the  slaveholders 
against  Mr.  Jay,  on  account  of  his  avowed  opposition  to 
slavery.  A  friend  wrote  to  Mr.  Jay :  "  As  your  opponents 


LIFE    OP   JOHN    JAY.  285 

cannot  or  dare  not  impeach  your  integrity  and  ability, 
necessity  obliges  them  to  descend  to  the  lowest  subterfuges 
of  craft  and  chicane,  to  mislead  the  ignorant  and  unwary. 
The  part  you  have  taken  in  the  society  for  emancipating 
slaves  is  exaggerated,  and  painted  in  lively  colours  to  your 
disadvantage. .  It  is  said  that  it  is  your  desire  to  rob  every 
Dutchman  of  the  property  he  possesses  most  dear  to  his 
heart,  his  slaves  ;  that  you  are  not  satisfied  with  doing  that, 
but  wish  further  to  oblige  their  masters  to  educate  the  chil 
dren  of  those  slaves  in  the  best  manner,  even  if  unable  to 
educate  their  own  children ;  and  also  that  you  have  pro 
cured  a  bill  to  be  brought  into  the  Legislature  this  session 
for  the  above  purpose." 
To  this  he  replied  : — 

"  That  many  election  tales  will  be  invented  and  propa 
gated,  and  that  credulous  individuals  will  be  imposed  upon 
by  them,  is  not  to  be  doubted. 

"As  to  my  sentiments  and  conduct  relative  to  the  abolition 
of  slavery,  the  fact  is  this : — In  my  opinion  every  man,  of 
every  colour  and  description,  has  a  natural  right  to  freedom, 
and  I  shall  ever  acknowledge  myself  to  be  an  advocate  for 
the  manumission  of  slaves,  in  such  way  as  may  be  consistent 
with  the  justice  due  to  them,  with  the  justice  due  to  their 
masters,  and  with  the  regard  due  to  the  actual  state  of 
society.  These  considerations  unite  in  convincing  me  that 
the  abolition  of  slavery  must  necessarily  be  gradual. 

"  On  being  honoured  with  the  commission  which  I  now 
hold,  I  retired  from  the  society  to  which  you  allude,  and  of 
which  I  was  president ;  it  appearing  improper  to  me  for  a 
judge  to  be  a  member  of  such  associations.  That  society, 
I  fear,  has  been  misrepresented,  for  instead  of  censure  they 
merit  applause.  To  promote,  by  virtuous  means,  the 
extension  of  the  blessings  of  liberty,  to  protect  a  poor  and 
friendless  race  of  men,  their  wives,  and  children,  from  the 
snares  and  violence  of  menstealers,  to  provide  instruction 


286  LIFE    or    JOHN    JAY. 

for  children  who  were  destitute  of  the  means  of  education, 
and  who,  instead  of  pernicious,  will  now  become  useful 
members  of  society,  are  certainly  objects  and  cares  of  which 
no  man  has  reason  to  be  ashamed,  and  for  which  no  man 
ought  to  be  censured.  And  these  are  the  objects  and  the 
cares  of  that  benevolent  society." 

The  slanders  of  political  enemies  never  disturbed  Mr. 
Jay's  equanimity  ;  but  there  was  one  circumstance  con 
nected  with  this  election  that  must  have  deeply  wounded  his 
sensibility.  His  old  and  intimate  friend  Chancellor  Living 
ston  at  this  time  thought  proper,  not  only  to  leave  the 
federal  party,  and  to  enter  the  ranks  of  the  opposite  one, 
but  also  publicly  to  assume  an  attitude  of  decided  hostility 
to  his  election.  In  order  probably  to  goad  the  chancellor 
to  a  still  more  active  opposition,  a  satirical  and  highly  per 
sonal  letter  was  addressed  to  him  in  the  columns  of  a  news 
paper,  under  a  fictitious  signature  ;  and  pains  were  taken  to 
give  currency  to  the  opinion  that  the  chief  justice  was  the 
writer  of  this  and  other  articles.  To  aid  this  impression, 
an  answer  to  the  letter  soon  after  appeared  in  the  same 
paper,  addressed  to  Mr.  Jay  as  its  author.  There  is  reason 
to  believe  that  both  publications  proceeded  from  the  same 
pen.  The  success  of  this  base  design  was  defeated  by  the 
appearance  in  the  papers  of  the  following  card. 

"  TO    THE    PUBLIC. 

"  It  having  been  deemed  expedient  to  consider  me  as  the 
author  of  certain  political  papers  lately  published,  I  think  it 
proper  to  declare  upon  my  honour  that  I  am  not  the  author 
of  any  political  paper  that  has  been  published  this  year ; 
that  I  have  neither  written,  dictated,  nor  seen  the  manu 
scripts  of  any  of  those  which  have  appeared  against  Gov 
ernor  Clinton,  or  any  other  person  whatever ;  and  that  I 
do  not  even  know  who  the  writers  are,  further  than  that  I 
have  heard  some  of  these  papers  ascribed  to  one  person 


LIFE    OF   JOHN    JAY.  287 

and  some  to  another.  Whoever  they  may  be,  they  have  not 
been  actuated  by  my  advice  or  desire  ;  and  not  being  under 
my  direction  or  control,  I  cannot  be  responsible  for  the  pain 
their  publications  have  given. 

"JoHN  JAY." 

The  election  commenced  the  last  of  April.  The  chief 
justice  had  left  the  State  some  time  before,  to  hold  the  east 
ern  circuit,  and  did  not  return  till  the  middle  of  July.  His 
correspondence  with  his  family  during  his  absence  proves 
how  little  personal  interest  he  took  in  the  result.  In  answer 
to  a  letter  from  Mrs.  Jay,  in  which  some  allusion  was  made 
to  the  probability  that  he  would  no  longer  need  the  official 
robe  worn  by  him  as  chief  justice,  he  remarked :  "  My  robe 
may  become  useless,  and  it  may  not.  I  am  resigned  to 
either  event,  for  no  one  knows  what  is  best  for  him.  He 
who  governs  all  makes  no  mistakes,  and  a  firm  belief  of 
this  would  save  us  from  many."  His  letters  to  his  family 
never  contained  an  allusion  to  the  pending  election,  except 
when  forced  upon  him  by  his  correspondent. 

The  ballots  given  at  the  election  were  required  by  law 
to  be  transmitted  to  the  sheriffs  of  the  several  counties,  and 
by  them  to  be  forwarded  to  the  office  of  the  secretary  of 
state,  where  they  were  to  be  canvassed  by  a  committee 
appointed  by  the  Legislature.  This  committee  had  already 
been  appointed,  and  a  majority  of  them  were  the  political 
friends  of  Governor  Clinton.  They  claimed  and  exercised 
the  right  of  rejecting  all  such  ballots  as  had  not  in  their 
opinion  been  forwarded  to  the  secretary's  office  with  all 
the  required  formalities.  It  was  well  understood  that  Mr. 
Jay  had  received  a  majority  of  the  whole  number  of  votes 
given,  and  that  the  majorities  in  the  counties  of  Otsego  and 
Tioga  were  each  sufficient  to  turn  the  scale  in  his  favour. 
The  constitution  of  the  State  required  that  sheriffs  should 
be  annually  appointed  ;  but  as  these  appointments  had  been 
occasionally  delayed,  it  had  been  the  uniform  practice  from 


LIFE    OF   JOHN    JAY. 

the  commencement  of  the  government  for  the  late  incum 
bent  to  continue  in  the  exercise  of  his  office  till  his  successor 
assumed  its  duties.  This  practice  had  arisen  from  neces 
sity  ;  for  as  the  council  of  appointment  was  not  a  perma 
nent  body,  but  convening  only  at  the  summons  of  the  gov 
ernor,  some  time  would  often  necessarily  elapse  between 
the  expiration  of  one  commission  and  the  issuing  of  another. 
So  little  had  the  propriety  of  sheriffs  in  such  cases,  continu 
ing  to  act  after  the  expiration  of  their  commissions,  been 
questioned,  that  on  an  investigation  it  was  found,  that  since 
the  organization  of  the  government,  no  less  than  seventy 
instances  had  occurred  of  sheriffs  thus  holding  over,  and  in 
one  case  a  sheriff  thus  circumstanced  had  been  called  in 
the  discharge  of  his  office  to  execute  a  criminal. 

The  canvassers  discovered  that  the  ballots  of  Otsego 
were  forwarded  by  a  sheriff  whose  commission  had  expired 
about  six  weeks  before,  and  whose  successor,  although  ap 
pointed,  had  not  yet  taken  the  oath  of  office,  and  was  of 
course  not  authorized  to  act.  They  therefore  determined 
that  the  votes  of  Otsego,  not  having  been  returned  by  a  con 
stitutional  sheriff,  could  not  be  received,  and  instead  of  count 
ing  them,  they  committed  them  to  the  flames.  The  ballots 
from  two  other  counties,  Tioga  and  Clinton,  were  consigned 
to  the  same  fate,  on  the  ground,  that  in  one  instance  they  had 
been  forwarded  by  a  deputy-sheriff,  appointed  by  parol 
instead  of  a  written  instrument,  and  in  the  other,  because  the 
officer  by  whom  the  ballots  had  been  forwarded,  falling  sick  on 
the  road,  had  committed  them  to  the  care  of  another  person. 
The  votes  of  the  whole  State,  after  being  subjected  to  this 
purgation,  gave  Mr.  Clinton  a  majority  of  108,  and  he  was 
declared  by  the  canvassers  duly  elected  governor  of  the 
State.  Against  this  decision,  four  of  the  eleven  canvassers 
entered  their  protest. 

Tljie  chief  justice  was  on  his  circuit  when  he  learned  the 
decision  of  the  canvassers,  and  he  thus  noticed  it  in  a  letter 
to  Mrs.  Jay: — 


LIFE    OP   JOHN   JAY.  289 

tf  A  Hartford  paper  which  I  have  just  read  mentions  the 
result  of  the  canvass ;  after  hearing  how  the  Otsego  votes 
were  circumstanced,  I  perceived  clearly  what  the  event 
would  be.  The  reflection  that  the  majority  of  the  electors 
were  for  me,  is  a  pleasing  one  ;  that  injustice  has  taken 
place  does  not  surprise  me,  and  I  hope  will  not  affect  you 
very  sensibly.  The  intelligence  found  me  perfectly  pre 
pared  for  it.  Having  nothing  to  reproach  myself  with  in 
relation  to  this  event,  it  shall  neither  discompose  my  temper 
nor  postpone  my  sleep.  A  few  years  will  put  us  all  in  the 
dust,  and  it  will  then  be  of  more  importance  to  me  to  have 
governed  myself,  than  to  have  governed  the  State." 

The  decision  of  the  canvassers  was  made  on  the  12th 
June,  and  excited  a  violent  ferment  throughout  the  State. 
The  citizens  of  New-York  assembled  in  the  open  air,  and 
passed  resolutions  condemning  the  conduct  of  the  canvass 
ers,  as  an  outrage  on  the  right  of  suffrage  ;  and  recom 
mended  to  the  people  to  assemble  in  their  respective  coun 
ties,  to  protest  against  the  attempt  now  made  to  subject 
them  to  a  governor  whom  they  had  not  elected,  and  like 
wise  to  petition  the  Legislature  to  interpose  its  authority 
for  the  preservation  of  their  rights. 

The  recommendation  of  the  city  was  followed  with 
alacrity  in  almost  every  part  of  the  State,  and  an  excitement 
was  kindled  that  for  a  while  foreboded  some  fearful  and 
violent  convulsion. 

The  chief  justice  was  at  this  time  engaged  in  holding 
his  courts  in  the  eastern  States.  He  completed  his  circuit 
at  Bennington  in  Vermont,  and  returned  home  by  the  way 
of  Albany.  On  approaching  Lansingburgh,  he  was  met 
by  the  inhabitants,  and  escorted  into  the  village,  where  he 
was  addressed  by  a  committee  previously  appointed  tor  the 
purpose.  This ,  address  marks  the  exasperated  and  indig- 
.nant  feelings  which  then  pervaded  a  very  large  portion  of 
the  community. 

VOL.  I. P  P 


290  LIFE    OF   JOHN   JAY. 


"  TO   JOHN    JAY,,  ESQ. 

"  Chief  Justice  of  the  United  States. 

"  Lansingburgh,  June  30,  1792. 

"  SIR, 

"We  beg  leave  to  address  you  in  the  simple  style  of 
freemen,  and  in  the  name' of  the  citizens  of  Lansingburgh, 
to  congratulate  you  on  your  arrival  at  our  infant  settle 
ment. 

"  Fully  impressed  with  a  sense  of  your  patriotism,  we 
embrace  this  opportunity  of  expressing  our  gratitude  for 
your  unwearied  exertions  through  the  struggles  of  an 
oppressive  war;  and  your  eminent  services  as  a  statesman 
and  minister  at  home  and  abroad. 

"  Our  respect  for  your  character,  in  the  dignified  office  of 
chief  justice  of  the  United  States,  and  our  regard  for  your 
person,  as  a  man  possessing  the  confidence  of  the  people, 
give  us  a  most  lively  hope  of  shortly  embracing  you  as 
the  chief  magistrate  of  this  State :  nor  can  we  refrain  on 
this  occasion  from  expressing  our  sincere  regret  and  re 
sentment  at  the  palpable  prostitution  of  those  principles  of 
virtue,  patriotism,  and  duty,  which  has  been  displayed  by  a 
majority  of  the  canvassing  committee,  in  the  wanton  viola 
tion  of  our  most  sacred  and  inestimable  privileges,  in 
arbitrarily  disfranchising  whole  towns  and  counties  of  their 
suffrages. 

"  It  was,  perhaps,  little  contemplated,  that  the  constitution 
of  this  State,  which  you  had  so  great  a  share  in  framing, 
should  to  your  prejudice,  in  the  first  instance,  be  in  so 
flagrant  a  manner  violated.  However  desirous  we  may  be 
of  seeing  you  fill  the  office  of  governor  of  the  State  of 
New-York,  we  only  wish  it  from  the  free  and  fair  suffrages 
of  a  majority  of  electors.  That  majority  you  have;  and 
though  abuse  of  power  may  for  a  time  deprive  you  and  the 
ci.izens  of  their  right,  we  trust  the  sacred  flame  of  liberty 


LIFE    OF   JOHN    JAY.  291 

is  not  so  far  extinguished  in  the  bosoms  of  Americans  as 
tamely  to  submit  to  wear  the  shackles  of  slavery,  without 
at  least  a  struggle  to  shake  them  off." 

The  occasion  presented  an  opportunity,  which  a  dema 
gogue  would  eagerly  have  embraced,  of  identifying  himself 
with  the  cause  of  the  people,  and  of  inflaming  passions 
which  might  be  converted  to  his  own  advancement.  Mr. 
Jay,  however,  wished  not  to  direct,  but  to  allay  the  storm. 

"  To  the  Committee  of  the  Citizens  of  Lansingburgh. 
"  GENTL.EMEN, 

"  Permit  me  to  request  the  favour  of  you  to  present  to 
my  fellow-citizens  of  Lansingburgh  my  sincere  acknow 
ledgments  for  the  honour  they  have  done  me  on  this  occa 
sion,  and  be  assured  that  the  manner  in  which  you  have 
conveyed  their  sentiments  adds  to  the  satisfaction  which 
they  inspire. 

"  Their  approbation  increases  the  pleasure  with  which  I 
reflect  on  my  endeavours  to  serve  the  cause  of  liberty  and 
my  country,  and  that  approbation  derives  additional  value 
from  the  ardour  and  firmness  which  they  manifested  in  it. 

"  The  various  bounties  of  Heaven  to  the  people  of  this 
State  conspire  in  conferring  abundant  reasons  for  harmony 
and  content,  and  every  event  is  to  be  regretted  that  tends 
to  introduce  discord  and  complaint.  Circumstanced  as  I 
am  in  relation  to  the  one  you  mention,  I  find  myself 
restrained  by  considerations  of  delicacy  from  particular 
remarks. 

"  The  people  of  the  State  know  the  value  of  their  rights, 
and  there  is  reason  to  hope  that  the  efforts  of  every  virtuous 
citizen  to  assert  and  secure  them  will  be  no  less  distin 
guished  by  temper  and  moderation,  than  by  constancy  and 
zeal. 

"  In  whatever  station  or  situation  I  may  be  placed,  my 


292  LIFE    OP   JOHN    JAT. 

attachment  to  my  country  will  remain  unabated,  and  I  shall 
be  happy  in  every  opportunity  of  evincing  my  respect  and 
best  wishes  for  the  citizens  of  Lansingburgh." 

He  then  proceeded  to  Albany,  being  escorted  into  that 
place  by  its  citizens.  The  next  day  he  was  invited  to  a 
public  dinner,  at  which  the  mayor,  in  behalf  of  the  city, 
presented  to  him  an  address  of  the  same  character  with  the 
last. 

On  the  following  day  he  departed  under  a  salute  of 
artillery,  and  on  crossing  the  ferry  was  received  with  an 
other  salute,  and  attended  for  twelve  miles  on  his  journey 
by  a  body  of  cavalry.  On  the  4th  of  July  he  reached 
Hudson.  The  citizens  were  preparing  to  celebrate  the 
anniversary  of  Independence,  when  they  were  informed 
that  the  chief  justice  was  on  the  road.  Arrangements  were 
immediately  made  for  receiving  him.  A  cavalcade  of  two 
hundred  departed  to  meet  him,  and  wait  upon  him  into 
the  city,  and  his  arrival  was  announced  by  salvoes  of 
artillery.  .  A  public  dinner  had  been  prepared,  to  which 
he  was  invited,  and  a  complimentary  address  was  made  to 
him  by  the  mayor.  On  his  departure  he  was  again  hon 
oured  with  a  salute  and  an  escort.  When  within  eight 
miles  of  the  city  of  New- York,  he  was  met  by  a  body  of 
the  citizens,  who  conducted  him  to  his  house.  A  public 
meeting  was  then  called  of  "  the  friends  of  liberty,"  and  a 
committee  appointed  to  congratulate  him  on  bis  return,  and 
to  ex'press  to  him  the  sentiments  of  the  inhabitants  on  the  late 
attempt  which  had  been  made,  "  in  contempt  of  the  sacred 
voice  of  the  people,  in  defiance  of  the  constitution,  and  in 
violation  of  the  uniform  practice  and  settled  principles  of 
law,"  to  deprive  him  of  the  high  office  to  which  he  had 
been  elected. 

The  following  extract  from  his  answer  to  the  address 
from  the  committee  breathes  a  spirit  of  kindness  and  mod- 


LIFE    OP   JOHN    JAY.  293 

eration,  which  evinces  how  little  his  feelings  had  been 
affected  by  the  triumphal  progress  he  had  just  made. 

"  In  questions  touching  our  constitutional  privileges  all 
the  citizens  are  equally  interested,  and  the  social  duties  call 
upon  us  to  unite  in  discussing  those  questions  with  candor 
and  temper,  in  deciding  them  with  circumspection  and 
impartiality,  and  in  maintaining  the  equal  rights  of  all  with 
constancy  and  fortitude. 

"  They  who  do  what  they  have  a  right  to  do,  give  no  just 
cause  of  offence  ;  and  therefore  every  consideration  of  pro 
priety  forbids  that  difference  of  opinion  respecting  candi 
dates  should  suspend  or  interrupt  the  mutual  good-humour 
and  benevolence  which  harmonize  society,  and  soften  the 
asperities  of  human  life  and  human  affairs.  By  those  free 
and  independent  electors  who  have  given  me  their  suffrages, 
I  esteem  myself  honoured ;  for  the  virtuous  who  withheld 
that  mark  of  preference,  I  retain  and  ought  to  retain  my 
former  respect  and  good  will ;  to  all  I  wish  prosperity, 
public  and  private." 

A  few  days  after,  a  public  dinner  was  given  to  Mr.  Jay, 
and  on  his  retiring  from  table,  the  whole  company,  as  a 
mark  of  their  respect,  waited  upon  him  to  his  house. 

These  details,  although  minute,  are  interesting,  as  they 
prove  the  excited  feelings  of  the  people,  and  their  devotion 
to  the  man  of  their  choice ;  and  at  the  same  time  ex 
hibit  the  unusual  spectacle  of  a  popular  leader  striving  to 
moderate  the  ardour  of  his  followers,  all  burning  to  redress 
his  wrongs  ;  and  impressing  on  them  reverence  for  the 
laws,  and  courtesy  and  kindness  towards  his  and  their 
opponents. 

By  many  of  the  public  meetings  held  at  this  time,  Mr. 
Jay  was  declared  to  be  the  rightful  governor  of  the  State ; 
and  there  can  be  little  doubt  that,  had  he  thought  proper  to 
assume  the  exercise  of  the  office,  there  would  not  have  been 
wanting  many  ready  to  support  his  claims.  It  was  for 
tunate  for  the  peace  of  the  State  that  he  was  actuated  by 


294  LIFE    OF    JOHN    JAY. 

principles  the  reverse  of  those  which  too  often  govern  the 
aspirants  for  political  power  ;  and  also,  that  the  meeting  of 
the  Legislature*  to  which  the  people  looked  for  redress,  was 
still  distant. 

The  course  pursued  by  Mr.  Jay  prevented  any  illegal 
ebullition  of  popular  feeling.  Governor  Clinton  was  sworn 
into  office,  and  the  government  was  permitted  to  proceed 
without  interruption.  On  the  6th  November,  the  Legisla 
ture  convened,  and  petitions  on  the  subject  of  the  canvass 
poured  in  from  all  parts  of  the  State.  A  tedious  investiga 
tion  ensued,  and  it  was  soon  discovered  that  in  the  lower 
House  the  anti-federal  party  had  a  small  majority.  The 
law  regulating  elections  had  made  the  decision  of  the  can 
vassers  final,  and  it  was  contended  that,  the  Legislature 
could  not  revise  it.  It  was  not,  however,  thought  expe 
dient  to  rest  the  claims  of  the  governor  to  his  office  on  the 
inability  of  the  Legislature  to  examine  them.  The  As 
sembly,  therefore,  resolved,  by  a  majority  of  four  votes, 
"  that  it  does  not  appear  to  this  House  that  the  canvassers 
had  conducted  themselves  with  any  impropriety  in  the 
execution  of  the  trust  reposed  in  them  by  law." 

This  result  had  for  some  time  been  anticipated,  and  was 
therefore  received  by  the  people  without  surprise,  but  with 
a  feeling  of  disgust  that,  at  the  next  election,  prostrated  the 
party  by  whom  it  had  been  effected. 

During  this  arid  other  years,  Mr.  Jay  was  at  the  expense 
of  keeping  at  school  six  indigent  boys  of  the  town  of  Rye, 
where  he  had  himself  been  brought  up.  This  instance  of 
unostentatious  benevolence  has  become  known  only  since 
his  death,  from  letters  found  among  his  papers  from  the 
clergyman  of  the  parish,  who,  acting  as  his  almoner,  from 
time  to  time  selected  the  boys,  and  received  and  expended 
the  funds  for  their  education.  It  is  not  known  when  this 
charity  was  commenced  or  discontinued. 

1793.]     In  the  month  of  February,  the  Supreme  Court 


LIFE    OF   JOHN    JAY.  295 

convened  at  Philadelphia,  and  its  attention  was  called  to  a 
case  of  general  and  unusual  interest.  A  citizen  of  South 
Carolina  had  brought  a  suit  in  this  court  against  the  State 
of  Georgia,  which  had  refused  to  appear,  on  the  ground 
that  being  a  sovereign  and  independent  State,  it  was  not 
subject  to  civil  process.  The  court  was,  of  course,  com 
pelled  to  decide  on  the  validity  of  this  objection  to  its  juris 
diction.  The  chief  justice  pronounced  the  decision  of  the 
court  in  an  elaborate  opinion.  The  case  was  novel,  and 
its  merits  were  to  be  tested,  not  by  precedents  and  legal 
authorities,  but  by  the  great  principles  of  justice  and  con 
stitutional  law.  It  was  also  a  case  in  which  those  wide 
spread  feelings  and  prejudices  in  favour  of  State  sovereignty, 
which  had  so  nearly  prevented  the  adoption  of  the  federal 
constitution,  were  strongly  excited,  and  would  undoubtedly 
be  roused  into  full  activity  should  the  judgment  of  the  court 
be  adverse  to  the  contumacious  State.  The  chief  justice 
seems  to  have  been  aware  of  the  importance  of  the  occa 
sion,  and  his  arguments,  if  they  did  not  convince,  were  at 
least  never  refuted. 

He  investigated  the  nature  of  the  sovereignty  claimed 
by  Georgia,  and  pointed  out  its  distinction  from  the 
feudal  sovereignty  prevailing  in  Europe,  which  is  cen 
tred  in  one  individual,  who,  being  himself  the  source  of 
authority  and  power,  cannot  be  sued  by  his  subjects,  and 
against  whom  no  judgment  could  be  enforced.  The 
sovereignty  of  Georgia,  on  the  other  hand,  was  vested  in 
the  people,  who,  being  without  subjects  and  without  supe 
riors,  were  all  on  an  equality  ;  and  hence,  when  they  were 
sued,  it  was  not  by  a  subject,  but  an  equal  possessed  of  the 
same  rights  as  themselves.  One  free  citizen  might  sue  any 
number  of  free  citizens  in  a  corporate  capacity.  If  the 
forty  thousand  inhabitants  of  the  city  of  Philadelphia  could 
be  compelled  to  do  justice  to  a  citizen  of  Delaware,  why 
should  the  fifty  thousand  inhabitants  of  the  State  of  Dela 
ware  be  excused  from  doing  justice  to  a  citizen  of  Philadel- 


296  LIFE    OF   JOHN    JAY. 

phia  ?  It  was  admitted,  that  by  the  constitution  one  State 
might  sue  another ;  and  hence  suability  was  not  incompati 
ble  with  State  sovereignty.  A  State,  also,  may  sue  indi 
viduals.  Why,  in  a  country  where  all  are  equal,  may  not 
individuals  sue  a  State — that  is,  all  the  citizens  of  the  State  ? 

The  constitution  expressly  extends  the  judicial  power  "  to 
controversies  between  a  State,  and  the  citizens  of  another 
State,"  and  to  all  cases  "  where  a  State  shall  be  a  party." 
These  expressions  do  not  imply  that  a  State  can  only  be  a 
plaintiff.  The  chief  justice  admitted  that  it  would  be  diffi 
cult  to  make  the  United  States  a  defendant  party,  because 
no  superior  power  existed  to  enforce  the  judgment ;  whereas, 
in  the  case  of  a  judgment  against  a  State,  the  court  could 
call  on  the  national  executive,  if  necessary,  for  aid.  "  I 
wish,"  said  he,  "  the  state  of  society  was  so  far  improved, 
and  the  science  of  government  advanced  to  such  a  degree 
of  perfection,  as  that  the  whole  nation  could,  in  the  peace 
able  course  of  law,  be  compellable  to  do  justice,  and  be 
sued  by  individual  citizens.  For  my  own  part,"  continued 
he,  "  I  am  convinced  that  the  sense  in  which  I  understand  and 
have  explained  the  words  '  controversies  between  a  State 
and  the  citizens  of  another  State'  is  the  true  sense.  The 
extension  of  the  judicial  power  of  the  United  States  to  such 
controversies  appears  to  me  to  be  wise,  because  it  is  honest, 
and  because  it  is  useful. 

"  It  is  honest,  because  it  provides  for  doing  justice  with 
out  respect  of  persons,  and  by  securing  individual  citizens 
as  well  as  States  in  their  respective  rights,  performs  the 
promise  which  every  free  government  makes  to  every  free 
citizen  of  equal  justice  and  protection. 

"  It  is  useful,  because  it  is  honest ;  because  it  leaves  not 
even  the  most  obscure  and  friendless  citizen  without  the 
means  of  obtaining  justice  from  a  neighbouring  State  ;  be 
cause  it  obviates  occasions  of  quarrels  between  States,  on 
account  of  the  claims  of  their  respective  citizens  ;  because 
it  recognises,  and  strongly  rests  upon  this  great  moral 


LIFE    OF    JOHN   JAY.  297 

truth,  that  justice  is  the  same,  whether  due  from  one  man 
to  a  million,  or  from  a  million  to  one  man;  because  it 
teaches  and  greatly  appreciates  the  value  of  our  free 
republican  national  government,  which  places  all  our 
citizens  on  an  equal  footing,  and  enables  each  and  every  of 
them  to  obtain  justice,  without  any  danger  of  being  over 
borne  by  the  number  and  weight  of  their  opponents  ;  and 
because  it  brings  into  action  and  enforces  this  great  and 
glorious  principle,  that  the  people  are  the  sovereigns  of  this 
country,  and  consequently  that  fellow-citizens  and  joint- 
sovereigns  cannot  be  degraded  by  appearing  with  each 
other  in  their  own  courts,  to  have  their  controversies 
determined.  The  people  have  reason  to  prize  and  rejoice 
in  such  valuable  privileges,  and  they  ought  not  to  forget 
that  nothing  but  the  free  course  of  constitutional  law  and 
government  can  ensure  the  continuance  and  enjoyment  of 
them." 

The  decision  of  the  courj^nstantly  aroused  that  morbid 
sensibility  on  the  subject  </f  State  rights  which  had  opposed 
so  many  obstacles  to  the  establishment  of  the  federal 
government.  A  general  alarm  was  felt,  or  affected,  and 
the  governors  of  several  States  brought  the  subject  before 
their  legislatures,  that  measures  might  be  taken  for  averting 
the  dangers  to  which  State  sovereignty  was  exposed. 

But  although  the  decision  was  unwelcome,  it  was  not 
easy  to  refute  the  reasons  on  which  it  was  founded,  and  the 
court  seems  to  have  escaped  censure. 

It  was  not  contended  that  the  court  had  misconstrued  the 
constitution,  but  it  was  insisted  that  the  jurisdiction  given 
by  that  instrument  to  the  Supreme  Court,  and  exercised  in 
the  present  instance,  ought  to  be  revoked.  At  the  next 
session  of  Congress,  an  amendment  to  the  constitution  was 
proposed,  and  afterward  ratified,  declaring  that  the  judicial 
power  of  the  court  should  not  extend  to  suits  against  a 
State,  by  a  citizen  of  another  State.  However  wise  and 
just  such  a  jurisdiction  may  be  in  theory,  it  would  certainly 

VOL.  I. Q  Q 


298  LIFE    OF   JOHN    JAY. 

have  been  attended  with  many  inconveniences  in  practice, 
Cases  would  probably  have  arisen  in  which  the  general 
government  would  have  wanted  either  the  power  or  the 
inclination  to  enforce  the  decisions  of  the  court.  A  power 
ful  State  might  have  refused  to  submit  to  a  judgment  which 
it  regarded  as  derogatory  to  its  honour,  or  its  welfare  ;  and 
it  is  not  probable  that  the  other  States  would  have  been 
willing  to  incur  the  hazards  and  burdens  of  a  civil  warr 
solely  from  a  disinterested  love  of  justice. 

The  foreign  relations  of  the  United  States  began  now  to 
excite  the  solicitude  of  all  who  were  anxious  to  preserve 
the  blessings  of  peace.  The  time  had  arrived  when  it 
became  necessary  for  the  government  to  decide  on  the 
course  it  would  pursue  with  regard  to  the  belligerent 
powers  of  Europe,  and  especially  towards  the  new  republic 
of  France. 

The  following  correspondence  renders  it  probable  that 
the  celebrated  proclamation  of  neutrality  by  Washington 
was  suggested  by  Hamilton,  then  secretary  of  the  treasury  ; 
and  that  the  first  draught  of  it  was  made  by  the  chief 
justice. 

FROM    ALEXANDER    HAMILTON. 

"  Philadelphia,  April  9,  1793. 
"  DEAR  SIR, 

"  When  we  last  conversed  together  on  the  subject,  we 
were  both  of  opinion  that  the  minister  expected  from  France 
should  be  received. 

"  Subsequent  circumstances  have  perhaps  induced  an 
additional  embarrassment  on  this  point,  and  render  it  ad 
visable  to  reconsider  the  opinion  generally,  and  to  raise  this 
further  question,  Whether  he  ought  to  be  received  absolutely 
or  with  qualifications  ? 

"  The  king  has  been  decapitated.  Out  of  this  will  arise 
a  regent,  acknowledged  and  supported  by  the  powers  of 
Europe  almost  universally — in  capacity  to  act,  and  who 


LIFE    OP   JOHN   JAY.  299 

may  himself  send  an  ambassador  to  the  United  States. 
Should  we  in  such  case  receive  both  ?  If  we  receive  one 
from  the  republic  and  refuse  the  other,  shall  we  stand  on 
ground  perfectly  neutral  ? 

"  If  we  receive  a  minister  from  the  republic,  shall  we  be 
afterward  at  liberty  to  say,  '  We  will  not  decide  whether 
there  is  a  government  in  France  competent  to  demand  from 
us  the  performance  of  the  existing  treaties?  What  the 
government  of  France  shall  be  is  the  very  point  in  dispute. 
Till  that  is  decided,  the  applicability  of  the  treaties  is  sus 
pended.  When  that  government  is  established,  we  shall 
consider  whether  such  changes  have  been  made  as  to  ren 
der  their  continuance  incompatible  with  the  interest  of  the 
United  States.  If  we  shall  not  have  concluded  ourselves 
by  any  act,  I  am  of  opinion  that  we  have  at  least  a  right 
to  hold  the  thing  suspended.  Till  the  point  in  dispute  is 
decided,  I  doubt  whether  we  could  bona  fide  dispute  the 
ultimate  obligation  of  the  treaties.  Will  the  unqualified 
reception  of  a  minister  conclude  us  ?  If  it  will,  ought  we 
so  to  conclude  ourselves  ? 

"  Ought  we  not  rather  to  refuse  receiving,  or  to  receive 
with  qualification  ;  declaring  that  we  receive  the  person  as 
the  representative  of  the  government,  in  fact,  of  the  French 
nation,  reserving  to  ourselves  a  right  to  consider  the  appli 
cability  of  the  treaties  to  the  actual  situation  of  the  parties  ? 

"  These  are  questions  which  require  our  utmost  wisdom. 
I  would  give  a  great  deal  for  a  personal  discussion  with 
you.  Imprudent  things  have  been  already  done,  which 
render  it  proportionably  important  that  every  succeeding 
step  should  be  well  considered. 

"  With  true  attachment, 

"  I  am,  dear  sir, 
"  Your  obedient  servant, 

"  A.  HAMILTON." 


300  LIFE    OF    JOHN    JAY. 


FROM    ALEXANDER    HAMILTON. 

"  Philadelphia,  April  9th,  1793.    • 

"  MY  DEAR  SIR, 

"  I  have  already  written  you  by  this  post.  A  further 
question  occurs — Would  not  a  proclamation  prohibiting 
our  citizens  from  taking  commissions  on  either  side  be 
proper  ? 

"  Would  it  be  well  that  it  should  include  a  declaration  of 
neutrality  ?  If  you  think  the  measure  prudent,  could  you 
draught  such  a  thing  as  you  would  deem  proper  ?  I  wish 
much  you  could. 

"  Truly,  as  ever, 

"  A.  HAMILTON." 

"  TO    ALEXANDER    HAMILTON. 

"New-York,  llth  April,  1793. 
"DEAR    SlR, 

"  Your  letters  of  the  9th  instant  were  this  day  delivered 
to  me,  as  I  was  preparing  to  go  out  of  town.  The  subject 
of  them  is  important.  I  have  not  time  to  judge  decidedly 
on  some  of  the  points.  The  enclosed  will  show  what  my 
present  ideas  of  a  proclamation  are — it  is  hastily  drawn — 
it  says  nothing  about  treaties — it  speaks  of  neutrality,  but 
avoids  the  expression,  because  in  this  country  often  asso 
ciated  with  others.  I  shall  be  at  Philadelphia  in  my  way 
to  Richmond.  I  think  it  better  at  present  that  too  little 
should  be  said  than  too  much.  I  would  not  receive  any 
minister  from  a  regent  until  he  was  regent  de  facto ;  and 
therefore  I  think  such  intention  should  be  inferable  from 
the  proclamation.  Let  us  do  every  thing  that  may  be  right 
to  avoid  war ;  and  if,  without  our  fault,  we  should  be 
involved  in  it,  there  will  be  little  room  for  apprehensions 
about  the  issue. 

"  It  is  happy  for  us  that  we  have  a  president  who  will  do 


LIFE    OF   JOHN    JAY.  301 

nothing  rashly,  and  who  regards  his  own  interest  as  insep 
arable  from  the  public  good. 

"  Yours,  sincerely, 

"  JOHN  JAY." 

On  the  22d  April  the  proclamation  was  issued.  It  was 
more  concise  than  the  one  prepared  by  Mr.  Jay,  but,  like 
that,  omitted  the  word  neutrality.  The  murmurs  and 
disgust  which  this  measure  occasioned,  evinced  its  necessity 
and  wisdom. 

The  party  which,  under  the  denomination  of  anti-fede 
ralists,  had  opposed  the  establishment  of  the  federal  gov 
ernment,  arrayed  themselves  with  few  exceptions  against 
the  prominent  measures  of  Washington's  administration. 
The  French  revolution,  and  the  sympathy  it  excited  in  the 
United  States,  afforded  this  party  an  opportunity  that  was 
not  neglected,  of  accusing  the  government  of  lukewarm- 
ness,  if  not  hostility,  towards  their  ancient  allies,  now  con 
tending  with  the  despots  of  Europe  for  liberty  and  repub 
lican  institutions. 

The  zeal  of  this  party,  which  had  now  assumed  the 
appellation  of  republican,  received  a  new  and  powerful 
impulse  on  the  arrival  of  Genet,  as  minister  plenipotentiary 
to  the  United  States  from  the  French  republic. 

The  secret  object  of  Genet's  mission,  as  it  afterward 
appeared  on  the  publication  of  his  instructions,  was  to  in 
volve  the  United  States  in  a  war  with  England,  and  thus 
to  effect  a  diversion  in  behalf  of  his  own  country.  These 
instructions  were  given  to  a  willing  agent.  Genet  landed 
at  Charleston  the  8th  April,  and  began  immediately  to  dis 
tribute  naval  and  military  commissions,  with  which  he  had 
been  abundantly  provided  by  his  employers.  Having  thus 
insulted  the  sovereignty  and  compromited  the  neutrality 
of  the  United  States,  he  repaired  to  Philadelphia,  where  he 
was  received  with  enthusiasm  by  the  republican  party. 
The  day  after  his  arrival,  and  before  he  had  presented  his 


302  LIFE    OF   JOHN    JAY. 

credentials  and  been  acknowledged  by  the  president,  he  was 
invited  to  a  grand  "  republican  dinner,"  at  which  the  com 
pany  united  in  singing  the  Marseillois  hymn.  A  deputation 
of  French  sailors  presented  themselves,  and  were  received 
by  the  guests  with  "  the  fraternal  embrace."  The  table 
was  decorated  with  the  "  tree  of  liberty,"  and  a  red  cap, 
called  the  "  cap  of  liberty,"  was  placed  on  the  head  of  the 
minister,  and  from  his  travelled  in  succession  from  head 
to  head  around  the  table. 

Genet,  imboldened  by  the  support  of  his  partisans,  and 
the  interest  generally  felt  in  behalf  of  the  success  of  the 
French  revolution,  proceeded  in  executing  his  instructions. 
Privateers  were  fitted  out  in  American  ports,  under  com 
missions  furnished  by  the  minister,  to  prey  upon  British 
commerce ;  and  French  consuls  held  courts  of  admiralty 
for  the  condemnation  and  sale  of  prizes,  and  several  British 
vessels  were  captured  even  within  the  waters  of  the  United 
States. 

During  these  proceedings,  the  Circuit  Court  was  held  at 
Richmond  by  the  chief  justice,  who  in  his  charge  to  the 
grand  jury,  explained  the  obligations  of  the  United  States 
as  a  neutral  nation,  and  directed  the  jury  to  present  all  per 
sons  within  their  district,  guilty  of  violating  the  laws  of 
nations  with  respect  to  any  of  the  belligerent  powers.  The 
charge  was  well  calculated  to  strengthen  the  government, 
by  letting  the  public  perceive  that  the  Supreme  Court 
would  fearlessly  discharge  its  duty,  in  punishing  acts  for 
bidden  by  the  neutral  position  of  the  nation. 

Genet,  however,  regardless  alike  of  the  opinions  of  courts, 
the  proclamation  of  the  president,  and  the  remonstrances 
of  the  government,  persevered  in  preparing  and  directing 
within  the  United  States,  both  naval  and  military  operations 
against  the  enemies  of  France.  His  rash  and  extravagant 
conduct  must  be  imputed  to  his  belief  that  the  people  of 
this  country  were  prepared  to  side  with  him  in  his  contro 
versy  with  the  president  of  their  choice,  the  beloved  and 


LIFE    OF   JOHN    JAY.  303 

revered  patriot  who  had  led  them  to  victory  and  independ 
ence.  His  mistake  must  not  be  ascribed  solely  to  vanity. 
It  no  doubt  originated  in  a  great  degree  from  his  knowledge 
of  the  existence  of  a  party  opposed  to  the  administration, 
and  ready  to  second  his  views,  and  from  an  erroneous  esti 
mate  of  its  strength  and  influence. 

The  proclamation  of  neutrality  was  denounced  in  the 
democratic  papers,  as  an  unconstitutional  assumption  of 
power  on  the  part  of  Washington,  and  he  was  charged 
with  an  intention  to  join  the  league  of  kings  against  France. 
The  minister  himself,  while  insulting  the  government,  was 
courted  and  caressed  by  the  opposition,  and  his  conduct 
vindicated  in  the  public  journals. 

A  paper  in  Philadelphia,  whose  editor  was  employed  in 
the  department  of  state  under  Mr.  Jefferson,  contained  the 
following : 

"  The  minister  of  France,  I  hope,  will  act  with  firmness 
and  spirit.  The  people  are  his  friends,  or  the  friends  of 
France,  and  he  will  have  nothing  to  apprehend ;  for,  as  yet, 
the  people  are  the  sovereign  of  the  United  States.  Too 
much  complacency  is  an  injury  done  to  his  cause,  for,  as 
every  advantage  is  already  taken  of  France  (not  by  the 
people},  further  condescension  may  lead  to  further  abuse. 
If  one  of  the  leading  features  of  our  government  is  pusil 
lanimity,  when  the  British  lion  shows  his  teeth,  let  France 
and  her  minister  act  as  becomes  the  dignity  of  their  cause, 
and  the  honour  and  faith  of  nations." 

It  is  not  surprising  that  with  such  encouragements  Genet, 
on  receiving  an  intimation  from  the  government  that  force 
would,  if  necessary,  be  used  to  prevent  a  French  privateer, 
illegally  armed,  from  putting  to  sea,  ventured  to  declare 
that  he  "  would  appeal  from  the  president  to  the  people." 
This  threat,  which  could  only  intend  a  physical  resistance 
to  the  constituted  authorities,  by  means  of  a  mob,  was 
reported  to  the  chief  justice  and  Mr.  King,  at  Philadelphia, 


304  LIFE    OF    JOHN    JAY. 

On  the  12th  August,  these  gentlemen  published  in  New- 
York,  the  following  note : 

"  MESSRS.  PRINTERS, 

"Certain  late  publications  render  it  proper  for  us  to 
authorize  you  to  inform  the  public,  that  a  report  having 
reached  this  city  from  Philadelphia,  that  Mr.  Genet,  the 
French  minister,  had  said  he  would  appeal  to  the  people 
from  certain  decisions  of  the  president,  we  were  asked  on 
our  return  from  that  place  whether  he  had  made  such  a 
declaration ;  we  answered  that  he  had,  and  we  also  men 
tioned  it  to  others,  authorizing  them  to  say  that  we  had  so 
informed  them. 

"  JOHN  JAY. 

"Rums  KING." 

We  might  naturally  suppose,  that  the  fact  thus  an 
nounced  and  authenticated  would  have  excited  a  general 
burst  of  indignation  against  the  arrogant  foreigner,  who  had 
dared  to  insult  the  nation,  in  the  person  of  its  venerated 
chief;  but  with  the  republican  party,  the  indignation  caused 
by  the  note  was  directed  only  against  its  authors.  <c  As  if," 
to  use  the  language  of  the  biographer*  of  Washington,  "  no 
sin  could  equal  the  crime  of  disclosing  to  the  people  a  truth, 
which,  by  inducing  reflection,  might  check  the  flood  of  that 
passion  for  France,  which  was  deemed  to  be  the  surest  test 
of  patriotism ;  the  darkest  motives  were  assigned  for  the 
disclosure,  and  the  reputation  of  those  who  made  it  could 
be  rescued  only  by  a  lapse  of  years,  and  a  change  of  the 
subjects  of  controversy,  from  the  peculiar  party  odium  with 
which  they  were  at  the  time  overwhelmed." 

The  democratic  papers  immediately  espoused  the  cause 
of  the  French  minister,  and  with  singular  inconsistency 

*  Marshall. 


LIFE    OF   JOHN    JAY.  305 

maintained  that  the  testimony  of  the  chief  justice,  and  of 
Mr.  King,  then  a  senator  in  Congress,  was  insufficient  to 
establish  the  charge  they  had  made  against  Genet ;  and  that 
the  charge,  if  true,  involved  no  criminality. 

"Is  the  president,"  it  was  asked,  "a  consecrated  character, 
that  an  appeal  from  his  decisions  must  be  considered 
criminal?  Or  are  the  people  in  such  a  state  of  degradation, 
that  to  speak  of  consulting  them,  is  an  offence  as  great  as  if 
America  groaned  under  a  dominion  equally  tyrannical  with 
the  old  monarchy  of  France  1" 

The  bitterness  with  which  Mr.  Jay  and  Mr.  King  were 
assailed  by  the  partisans  of  Genet,  evinced  their  conscious 
ness  of  the  injury  their  cause  had  sustained  from  the  dis 
closure.  But  although  Genet's  influence  gradually  declined 
from  this  time,  and  was  finally  extinguished  by  his  recall, 
the  objects  at  which  he  had  aimed,  an  alliance  with  France 
and  a  war  with  England,  were  still  pursued  with  ardour 
by  a  numerous  party.  The  conduct  of  England  favoured 
the  views  of  this  party.  British  garrisons  still  held  no  less 
than  eight  posts  on  the  frontiers,  and  within  the  jurisdiction 
of  the  United  States ;  in  open  and  avowed  violation  of  the 
treaty  of  peace.  The  officers  commanding  these  posts 
excluded  American  citizens  from  the  navigation  of  the 
great  lakes,  and  claimed  authority  over  all  who  resided 
within  the  vicinity  of  the  forts.  Nor  had  any  compensation 
yet  been  made  for  the  negroes  carried  away  by  the  British 
fleet,  on  the  conclusion  of  the  war.  To  these  causes  of 
complaint,  others  had  recently  been  added.  On  the  8th 
June,  an  order  of  council  had  been  issued,  directing  that  all 
vessels  carrying  grain  or  flour  to  France,  or  to  ports  occu 
pied  by  French  troops,  should  be  captured  and  sent  into  a 
British  port,  where  the  cargoes  were  to  be  purchased  for 
the  government,  unless  security  should  be  given  that  they 
would  be  landed  in  some  country  at  peace  with  England. 
The  folly  of  this  order  was  equalled  only  by  its  injustice. 
It  was  intended  by  afflictng  France  with  famine,  to  dispose 

VOL.  I. R  R 


306  LIFE    OF    JOHN    JAY. 

her  to  peace ;  but  seldom  has  any  means  been  used  less 
adapted  to  the  end  proposed.  Of  the  bread-stuffs  imported 
into  France,  much  the  larger  portion  was  derived  from  the 
United  States  ;  and  yet  it  was  ascertained,  on  inquiry,  that 
this  portion  was  insufficient  for  the  supply  of  the  nation  for 
even  three  weeks  !  At  the  same  time,  so  gross  an  outrage 
on  the  rights  of  neutral  nations  was  far  more  likely  to 
increase  the  allies  of  France,  than  to  oppose  the  slightest 
obstacle  to  the  progress  of  her  arms.  On  the  6th  Novem 
ber,  another  order  still  more  exceptionable  appeared.  By 
this  order  the  British  cruisers  were  directed  to  capture  and 
send  home  for  "  legal  adjudication,"  all  vessels  carrying 
supplies  to  any  French  colony,  or  laden  with  its  produce. 

Great  Britain  also  claimed  a  right,  which,  although  less 
questionable  than  many  of  her  other  pretensions,  was 
attended  in  its  exercise  with  abuses  that  necessarily  ren 
dered  it  odious.  The  English  naval  commanders,  under 
the  pretence  of  looking  for  and  impressing  English  sailors, 
frequently  subjected  American  vessels  to  vexatious  searches 
at  sea,  and  sometimes  deprived  them  of  a  part  of  their 
crews  under  the  suspicion,  whether  real  or  affected,  of 
being  British  subjects. 

1794.]  The  numerous  seizures  of  American  vessels, 
under  the  British  orders,  naturally  and  justly  excited  gene 
ral  irritation  throughout  the  country.  This  irritation  was 
zealously  inflamed  by  the  partisans  of  France,  who  saw  in 
the  conduct  of  the  court  of  London  a  favourable  oppor 
tunity  for  effecting  an  alliance  between  the  two  republics. 
Hence  it  happened,  that  the  language  in  which  the  popular 
complaints  were  uttered,  instead  of  being  that  of  calm  and 
dignified  remonstrance,  inspired  by  confidence  in  the  ability 
and  inclination  of  their  government  to  protect  the  rights  of  the 
nation,  was  too  generally  inflammatory  and  indecent ;  and 
almost  as  disrespectful  to  the  national  administration  as  it 
was  to  the  British  sovereign.  The  democratic  clubs,  and 
the  papers  in  their  interests,  were  loud  in  their  calls  upon 


LIFE    OP   JOHN   JAY.  307 

the  government  to  depart  from  its  pusillanimous  system  of 
neutrality,  and  to  make  common  cause  with  the  French 
republic  against  the  tyrant  of  England,  the  natural  enemy 
of  all  republics. 

In  the  mean  time,  Congress  was  neither  insensible  to  the 
wrongs  of  their  country,  nor  indisposed  to  redress  them ; 
but  a  diversity  of  opinion  existed  as  to  the  proper  course 
to  be  pursued.  The  party  in  Congress  opposed  to  the 
administration  recommended  an  increase  of  duties  on  the 
manufactures  of  such  nations  as  had  no  commercial  treaties 
with  the  United  States,  and  to  reduce  them  in  favour  of  all 
other  nations.  The  real  object  of  this  proposition  was  to 
burden  the  commerce  of  England,  and  to  give  a  bounty  on 
that  of  France.  By  the  federal  party,  this  mode  of  retalia 
ting  the  aggressions  of  England  was  resisted  as  incon 
sistent  with  the  interests  and  the  dignity  of  the  nation, 
and  advantageous  to  France  alone.  They  insisted,  that 
if  Great  Britain  could  not  be  induced  by  negotiation  to 
abandon  her  unjust  pretensions,  an  appeal  ought  to  be 
made  to  arms,  and  not  to  commercial  restrictions.  A  vote 
of  the  House  of  Representatives  indicated,  however,  a 
small  majority  in  favour  of  the  latter  resort.  In  the  mean 
time  the  perils  to  which  American  commerce  was  exposed 
were  so  imminent,  that  the  government  was  induced  on  the 
26th  March  to  lay  an  embargo  for  thirty  days  on  all  vessels 
bound  to  foreign  ports.  The  House  of  Representatives 
also  took  measures  for  increasing  the  regular  military  force, 
and  for  organizing  80,000  militia.  The  next  step  taken  on 
the  part  of  the  majority  in  this  house,  was  a  proposition  to 
sequester  all  debts  due  from  American  citizens  to  British 
subjects ;  and  from  these  debts  to  constitute  a  fund  for  the 
indemnification  of  such  as  had  suffered  from  British  spolia 
tions.  This  proposition  was  of  course  opposed  by  all  who 
entertained  a  proper  respect  for  national  faith  and  honour. 
Its  discussion,  however,  was  interrupted  by  the  introduction 
of  another  project,  which  was  a  resolution  to  suspend  all  com- 


308  LIFE    OP   JOHN    JAY. 

mercial  intercourse  with  Great  Britain,  till  she  should  make 
full  compensation  for  the  losses  sustained  under  her  orders 
in  council ;  and  until  she  should  surrender  the  posts  agree 
ably  to  the  treaty  of  peace. 

Thus  were  the  relations  between  the  two  countries 
rapidly  approaching  to  a  state  of  open  hostility ;  but  their 
progress  was  still  too  slow  to  satisfy  those  who  were  im 
patient  for  a  closer  connexion  with  France.  The  minority 
in  Congress  were  denounced  as  a  British  faction,  seeking  to 
impose  chains  on  their  country,  and  even  the  majority 
were  reproached  for  want  of  energy  and  decision. 

Washington,  who,  in  pursuing  the  welfare  of  his  coun 
try,  was  never  enticed  nor  driven  from  his  path  by  popu 
lar  applause  or  clamour,  concurred  in  opinion  with  the 
minority  in  Congress.  With  them,  he  wished  either  an 
honourable  peace  or  an  open  war  with  Great  Britain ;  and 
while  he  regarded  some  of  the  proposed  measures  as  irri 
tating  but  inefficient,  he  must  have  condemned  others  as 
derogatory  to  the  national  character. 

That  a  war  with  England  would  necessarily  check  the 
unexampled  prosperity  of  the  nation,  throw  her  into  the 
arms  of  France,  and  expose  her  institutions,  manners,  and 
morals  to  the  influence  of  that  revolutionary  phrensy  which 
had  caused  so  much  crime  and  misery  in  the  sister  republic, 
were  truths  too  obvious  to  escape  the  attention  of  minds 
far  less  discerning  than  that  of  the  president  At  the  same 
time  it  was  equally  obvious,  that  under  existing  circum 
stances,  peace  with  England  could  not  be  much  longer  pre 
served,  except  at  the  sacrifice  of  the  rights,  property,  and 
honour  of  the  country. 

At  this  juncture  the  chief  justice  was  called  to  Phila 
delphia,  by  the  term  of  the  Supreme  Court,  little  antici 
pating  or  desiring  the  new  honours  and  toils  which  awaited 
him.  Always  inclined  to  rural  pleasures  and  occupations, 
he  had  resolved  to  leave  the  city  of  New- York,  and  to 
erect  on  his  estate  at  Bedford  a  dwelling-house,  for  the  ac- 


LIFE    OF   JOHN    JAY.  309 

commodation  of  himself  and  family.  Here  he  designed  to 
employ  his  intervals  of  leisure  in  superintending  the  educa 
tion  of  his  children,  and  in  improving  and  embellishing  his 
farm.  The  subjoined  extracts  from  his  letters  to  Mrs.  Jay 
refer  to  this  plaru 

«  Philadelphia,  9th  April,  1794. 

"  I  arrived  here  on  Monday  evening ;  and  yesterday 
dined  with  the  president.  The  question  of  war  or  peace 
seems  to  be  as  much  in  suspense  here  as  in  New- York 
when  I  left  you.  I  am  rather  inclined  to  think  that  peace 
will  continue,  but  should  not  be  surprised  if  war  should 
take  place.  In  the  present  state  of  things,  it  will  be  best  to 
be  ready  for  the  latter  event  in  every  respect." 

"  10th  April,  1794. 

"  The  aspect  of  the  times  is  such,  that  prudential  arrange 
ments  calculated  on  the  prospect  of  war  should  not  be 
neglected,  nor  too  long  postponed.  Peace  or  war  appears 
to  me  a  question  which  cannot  be  solved.  Unless  things 
should  take  a  turn  in  the  mean  time,  I  think  it  will  be  best 
on  my  return  to  push  our  affairs  at  Bedford  briskly. 
There  is  much  irritation  and  agitation  in  this  town,  and  in 
Congress.  Great  Britain  has  acted  unwisely  and  unjustly ; 
and  there  is  some  danger  of  our  acting  intern perately." 

Washington  determined  to  make  one  effort  more  to 
avert  from  his  country  the  evils  of  war ;  and  for  this  pur 
pose  to  send  a  special  envoy  to  England,  to  try  what  could 
be  effected  by  temperate  and  honest,  but  firm  remon 
strances.  Between  himself  and  Mr.  Jay,  the  most  con 
fidential  and  uninterrupted  intercourse  had  subsisted  from 
an  early  period  in  the  revolutionary  wrar.  To  the  chief 
justice  the  president  now  turned  in  this  moment  of  painful 
anxiety,  and  urged  upon  his  friend  the  acceptance  of  the 


310  LIFE    OP   JOHN   JAY. 

mission.  The  following  letters  show  on  what  grounds  his 
consent  was  given,  and  how  little  the  appointment  was 
coveted  by  himself  or  family. 

"TO   MRS.    JAY. 

"  Philadelphia,  15th  April,  1794, 
"  MY  DEAR  SALLY, 

"  I  was  this  evening  favoured  with  yours  of  the  14th. 
It  is  now  between  eight  and  nine  o'clock,  and  I  am  just 
returned  from  court.  I  expect,  my  dear  Sally,  to  see  you 
sooner  than  we  expected.  There  is  here  a  serious  deter 
mination  to  send  me  to  England,  if  possible  to  avert  a  war. 
The  object  is  so  interesting  to  our  country,  and  the  combi 
nation  of  circumstances  such,  that  I  find  myself  in  a  dilemma 
between  personal  considerations  and  public  ones.  Nothing 
can  be  much  more  distant  from  every  wish  on  my  own 
account.  I  feel  the  impulse  of  duty  strongly,  and  it  is 
probable  that  if  on  the  investigation  I  am  now  making,  my 
mind  should  be  convinced  that  it  is  my  duty  to  go,  you  will 
join  with  me  in  thinking  that  on  an  occasion  so  important, 
I  ought  to  follow  its  dictates,  and  commit  myself  to  the  care 
and  kindness  of  that  Providence,  in  which  we  have  both 
the  highest  reason  to  repose  the  most  absolute  confidence. 
This  is  not  of  my  seeking ;  on  the  contrary,  I  regard  it  as 
a  measure,  not  to  be  desired,  but  to  be  submitted  to. 

"  A  thousand  reflections  crowd  into  my  mind,  and  a  thou 
sand  emotions  into  my  heart.  I  must  remember  my 
motto,  Deo  duce  perseverandum.  The  knowledge  I  have 
of  your  sentiments  on  these  subjects  affords  me  conso 
lation. 

"  If  the  nomination  should  take  place,  it  will  be  in  the 
course  of  a  few  days,  and  then  it  will  appear  in  the  papers  ; 
in  the  mean  time  say  nothing  on  the  subject,  for  it  is  not 
impossible  that  the  business  may  take  another  turn,  though 
I  confess  I  do  not  expect  it  will. 


LIFE    OF   JOHN   JAY.  311 

"  My  dear,  dear  Sally,  this  letter  will  make  you  as  grave 
as  I  am  myself;  but  when  we  consider  how  many  reasons 
we  have  for  resignation  and  acquiescence,  I  flatter  myself 
that  we  both  shall  become  composed. 

"  If  it  should  please  God  to  make  me  instrumental  to  the 
continuance  of  peace,  and  in  preventing  the  effusion  of 
blood  and  other  evils  and  miseries  incident  to  war,  we  shall 
both  have  reason  to  rejoice.  Whatever  may  be  the  event, 
the  endeavour  will  be  virtuous,  and  consequently  consola 
tory.  Let  us  repose  unlimited  trust  in  our  Maker ;  it  is 
our  business  to  adore  and  to  obey.  My  love  to  the  children. 
"  With  very  sincere  and  tender  affection, 

"  I  am,  my  dear  Sally,  ever  yours, 

"  JOHN  JAY. 

"  P.S.  It  is  supposed  that  the  object  of  my  mission  may 
be  completed  in  time  to  return  in  the  fall." 

"TO    MRS.    JAY. 

«  Philadelphia,  19th  April,  1794. 

"MY  DEAR  SALLY, 

"  I  refer  you  to  the  two  last  letters  which  I  wrote  to  you 
this  week.  It  was  expected  that  the  Senate  would  yester 
day  have  decided  on  the  nomination  of  an  envoy  to  the 
court  of  London,  but  measures  respecting  the  embargo  oc 
cupied  them  through  the  day.  To-day  that  business  is  to  be 
resumed,  and  you  shall  have  the  earliest  notice  of  the  result. 
So  far  as  I  am  personally  concerned,  my  feelings  are  very, 
very  far  from  exciting  wishes  for  its  taking  place.  No 
appointment  ever  operated  more  unpleasantly  upon  me ; 
but  the  public  considerations  which  were  urged,  and  the 
manner  in  which  it  was  pressed,  strongly  impressed  me 
with  a  conviction  that  to  refuse  it  would  be  to  desert  my 
duty  for  the  sake  of  my  ease  and  domestic  concerns  and 
comforts.  I  derive  some  consolation  from  the  prospect 


312  LIFE    OF    JOHN    JAY. 

that  my  absence  will  not  be  of  long  continuance,  and  that 
the  same  Providence  which  has  hitherto  preserved  me  will 
still  be  pleased  to  accompany  and  restore  me  to  you  and 
our  dear  little  family. 

"  The  court  has  unceasingly  engrossed  my  time.  We  did 
not  adjourn  until  nine  last  night.  I  feel  fatigued  in  body  and 
mind.  But  reflections  of  this  kind  are  not  to  be  indulged ;  I 
must  endeavour  to  sustain  with  propriety  the  part  assigned 
me,  and  meet  with  composure  and  fortitude  whatever  disa 
greeable  events  may  occur  to  counteract  my  wishes  or  in 
crease  my  task.  I  shall  have  rest  in  time,  and  for  that  rest 
I  will  not  cease  to  prepare.  I  am  very  anxious  to  be  with 
you ;  and  the  moment  the  preparatory  measures  here  will 
permit,  I  shall  set  out. 

"  My  love  to  the  children ;  and  believe  me  to  be  unalter 
ably  and  affectionately  yours, 

"JoiiN  JAY." 

"TO    MRS.    JAY. 

"Sunday  evening,  20th  April,  1794. 

w  MY  DEAR  SALLY, 

"  I  this  moment  received  yours  by  General  Schuyler. 
As  yet  I  have  not  seen  him.  It  found  me  alone,  and  not  a 
little  pensive.  Your  own  feelings  will  best  suggest  an  idea 
of  mine.  God's  will  be  done  ;  to  him  I  resign — in  him  I 
confide;  do  the  like;  any  other  philosophy  applicable  to 
this  occasion  is  delusive — away  with  it.  Your  indisposi 
tion  affects  me.  Resist  despondency ;  hope  for  the  best. 

"  Yesterday  the  Senate  approved  of  the  nomination  by  a 
great  majority.  Mr.  Burr  was  among  the  few  who  opposed 
it.  I  have  hopes  that  our  friend,  Mr.  Trumbull,  will  con 
sent  to  go  as  secretary.  To-morrow  the  preparations  for 
despatching  me  will  begin ;  when  they  will  be  completed, 
so  as  to  admit  of  my  leaving  this  place,  I  cannot  yet  decide. 
I  am  exceedingly  impatient  to  set  out  for  New- York. 


LIFE    OF   JOHN   JAY.  313 

*'  God  bless  and  preserve  you  all.  Be  assured  that  I 
shall  never  cease  to  be, 

"  My  dear  Sally, 
"  Your  very  affectionate  husband, 

"  JOHN  JAY." 

FROM  MRS.  JAY. 

"  New-York,  22d  April,  1794. 
"MY  DEAR  MR.  JAY, 

"  Yesterday  I  received  your  two  kind  letters  of  Saturday 
and  Sunday,  I  do  indeed  judge  of  your  feelings  by  my 
own,  and  for  that  reason  forebore  writing  while  under  the 
first  impression  of  surprise  and  grief. 

"  Your  superiority  in  fortitude,  as  well  as  every  other 
virtue,  I  am  aware  of;  yet  I  know  too  well  your  tenderness 
for  your  family  to  doubt  the  pangs  of  separation.  Your 
own  conflicts  are  sufficient ;  they  need  not  be  augmented 
by  the  addition  of  mine.  Never  was  I  more  sensible  of  the 
absolute  ascendency  you  have  over  my  heart.  When, 
almost  in  despair,  I  renounced  the  hope  of  domestic  bliss, 
your  image  in  my  breast  seemed  to  upbraid  me  with  adding 
to  your  trials.  That  idea  alone  roused  me  from  my  de 
spondency.  I  resumed  the  charge  of  my  family,  and  even 
dare  hope  that,  by  your  example,  I  shall  be  enabled  to  look 
up  to  that  Divine  Protector  from  whom  we  have  indeed  ex 
perienced  the  most  merciful  guardianship. 

"  The  children  continue  well.  They  were  exceedingly 
affected  when  they  received  the  tidings,  and  entreated  me 
to  endeavour  to  dissuade  you  from  accepting  an  appoint 
ment  that  subjects  us  to  so  painful  a  separation. 

"  Farewell,  my  best  beloved. 

"  Your  wife  till  death, 

"  And  after  that  a  ministering  spirit." 

The  nomination  of  Mr.  Jay  was  strenuously  opposed  in 
the  Senate.  It  interfered  with  the  views  of  those  who 

VOL.  I. S  S 


314  LIFE    OF   JOHN   JAY. 

desired  a  war  with  England,  and  a  closer  connexion  with 
France.  The  appointment,  it  was  contended,  compromited 
the  independence  of  the  judicial  department,  by  teaching 
the  judges  to  aspire  to  executive  favours  ;  and  the  proposed 
envoy,  it  was  asserted,  had  by  his  vindication  of  the  conduct 
of  Great  Britain,  while  secretary  for  foreign  affairs,  evinced 
his  unfitness  for  the  duty  now  intrusted  to  him.  The  nom 
ination  was  confirmed  by  a  vote  of  18  to  8. 

The  House  of  Representatives,  in  which  there  was  a 
small  majority  against  the  administration,  determined  if 
possible  to  render  the  mission  to  England  abortive.  Two 
days  after  the  appointment  of  the  envoy  the  House  re 
solved  that  from  the  first  of  November  ensuing,  the 
importation  into  the  United  States  of  all  articles  of  the 
growth  or  manufacture  of  Great  Britain  or  Ireland  ought 
to  be  prohibited.  A  bill  to  this  effect  was  accordingly  in 
troduced  and  passed ;  but  was  rejected  in  the  Senate,  by 
the  casting  vote  of  the  vice-president.  Had  a  measure  so 
irritating  and  offensive  been  adopted,  the  conciliatory 
efforts  of  Mr.  Jay  would  in  all  probability  have  been  un 
availing,  and  the  failure  of  .his  negotiation  must  have  inevi 
tably  been  succeeded  by  war. 

An  attempt  was  soon  after  made  by  Mr.  Monroe  in  the 
Senate  to  suspend  by  law  the  article  of  the  treaty  of  peace 
which  secured  to  British  creditors  the  right  of  recovering 
in  the  United  States  their  honest  debts.  This  proposal  to 
wrest  from  innocent  individuals  a  right  founded  in  common 
justice,  and  guarantied  by  the  national  faith,  was  sup 
ported  by  only  two  senators.  It  is  due  to  Mr.  Monroe  to- 
mention  that  he  acted  under  instructions  from  the  Legisla 
ture  i  f  Virginia ! 

The  critical  situation  of  the  country  urged  the  speedy 
departure  of  Mr.  Jay,  and  on  the  12th  May  he  embarked 
at  New-York,  accompanied  by  his  eldest  son,  and  by  Col. 
Trumbull  as  his  secretary.  About  a  thousand  of  his  fellow- 


LIFE    OF   JOHN    JAY.  315 

citizens  attended  him  to  the  ship;  thus  testifying  their  respect 
for  the  envoy,  and  their  interest  in  his  mission. 

The  following  is  extracted  from  a  letter  to  Mrs.  Jay, 
sent  the  next  day  by  the  return  of  the  pilot-boat : — 

"  I  have  seen  this  day's  newspapers,  and  the  Philadelphia 
democratic  resolutions  published  in  them.  They  give  me 
no  concern,  and  I  hope  they  will  be  equally  indifferent  to 
you.  The  less  you  say  on  such  subjects,  the  less  you  will 
flatter  the  importance  of  those  who  may  not  wish  us  well. 
We  have  the  prospect  of  a  good  voyage,  but  it  would  be  in 
finitely  less  disagreeable  if  it  was  towards,  instead  of  being 
from  you  and  our  children  and  friends.  I  look  forward  to 
that  pleasure,  and  sincerely  hope  and  pray  that  a  kind  Pro 
vidence  will  so  order  events,  that  my  return  be  not  pro 
tracted  beyond  the  time  we  contemplate.  Kiss  our  little 
ones  for  me.  Once  more  farewell : — and  that  the  Author 
and  Giver  of  all  consolation  may  be  and  remain  with  you 
and  them  for  ever,  will  not  cease  to  be  the  prayer  of 
"  Your  very  affectionate  husband, 

"  JOHN  JAY." 

The  resolutions  alluded  to  in  this  letter  consisted  of  an 
inflammatory  denunciation,  by  the  Philadelphia  democratic 
society,  both  of  the  mission  and  the  minister.  The  efforts 
made  at  this  period,  by  the  democratic  societies  in  the 
United  States,  to  destroy  the  confidence  reposed  in  the 
patriotism  and  integrity  of  Washington,  and  to  counteract 
the  measures  of  his  administration,  render  their  origin,  char 
acter,  and  designs  an  interesting  subject  of  inquiry. 

The  Jacobin  club  of  Paris  was  established  at  a  time  when 
the  revolution  had  prostrated  all  legitimate  government, 
and  had  invested  the  mob,  under  the  name  'of  "  the  sove 
reign  people,"  with  the  privilege  of  murdering  and  plunder 
ing  at  pleasure.  This  club  numbered  among  its  members 
and  leaders  Robespierre,  Danton,  Marat,  Collot  d'Herbois, 


316  LIFE    OF   JOHN    JAY. 

Santerre,  and  indeed  almost  all  the  ferocious  demagogues 
who  in  succession  acquired  the  power  of  sacrificing  the  liber 
ties  and  lives  of  their  countrymen  to  their  own  unhallowed 
passions.  The  Jacobin  club  claimed  to  be  the  great  cham 
pion  of  the  rights  of  the  people ;  and  care  was  taken  that 
none  should  be  admitted  whose  nerves  or  consciences  might 
shrink  from  the  means,  by  which  it  was  determined  those 
rights  should  be  protected.  Hence  the  club  never  con 
tained,  it  is  said,  more  than  eighteen  hundred  members, 
who  were  admitted  by  ballot.  This  number,  scattered 
through  Paris,  was  sufficient  to  disseminate  the  doctrines 
and  views  of  their  leaders,  while  it  was  not  too  unwieldy 
to  be  subjected  to  the  necessary  discipline.  But  what  was 
wanting  in  the  number  of  its  members  was  amply  com 
pensated  by  the  multitude  of  its  affiliated  clubs,  dispersed 
through  France,  and  amounting  to  not  less  than  two  thou 
sand.  With  these  the  parent  club  maintained  an  active 
correspondence,  and,  through  their  co-operation,  exercised 
a  most  relentless  and  appalling  despotism. 

A  few  days  after  Genet's  arrival  in  Philadelphia,  the 
"  Pennsylvania  Democratic  Society"  was  organized  in  that 
city.  Its  constitution  was  a  la  mode  de  Paris,  and  an  invi 
tation  was  held  forth  for  the  formation  of  affiliated  societies 
throughout  the  Union.  The  invitation  was  not  given  in 
vain :  democratic  societies  started  into  being  in  almost 
every  section  of  the  Union ;  all  professing  the  same  object, 
— the  rescue  of  the  people  from  the  oppression  and  corrup 
tion  of  their  rulers. 

The  Charleston  society  forwarded  a  petition  to  the  Paris 
club,  praying  for  the  honour  of  adoption.  The  request  was 
opposed  on  the  ground  that  the  Americans  were  undeserv 
ing  such  a  favour,  as  they  had  not  yet  shed  their  blood  in 
the  cause  of  France.  The  society,  however,  found  an 
advocate  in  the  notorious  Collot  d'Herbois,  who  contended 
that  the  desired  honour  would  have  a  tendency  to  induce 
the  Americans  to  discharge  the  obligation. 


LIFE    OF  JOHN   JAY.  317 

No  associations  could  have  been  more  completely  sub 
versive  of  the  principles  of  a  representative  government 
than  these  societies,  formed  as  they  were  for  the  express 
purpose  of  controlling  the  deliberations  and  measures  of  the 
constituted  authorities.  Had  they  been  assemblies  of  the 
people  convened  to  investigate  the  conduct  of  their  rulers, 
their  decisions  might  have  claimed  the  respect  due  to  an 
expression  of  the  public  sentiment.  But  far  from  opening 
their  doors  to  the  public,  these  societies  carefully  excluded, 
by  the  ballot,  every  individual  whose  republicanism  did  not 
rise  to  the  degree  which  they  chose  to  make  the  standard 
of  true  patriotism.  Hence,  while  pretending  to  express  the 
VOICE  OF  THE  PEOPLE,  they  were  frequently  acting  in  direct 
opposition  to  the  wishes  and  opinions  of  the  community  in 
which  they  happened  to  be  established.  The  authority  at 
which  they  aimed  was  arbitrary  and  unconstitutional 
in  the  extreme.  Self-elected,  and  having  in  no  respect 
a  representative  character,  they  attempted  to  control  the 
government;  and  their  resolves,  passed  in  secret  con 
clave,  were  sent  forth  as  the  will  of  the  people,  and 
every  resistance  to  their  mandates  was  denounced  as  a 
crime  against  republicanism.  Had  these  irresponsible  so 
cieties  acquired  the  power  at  which  they  grasped,  the 
people  of  the  United  States  would  have  been  virtually 
subjected  to  a  tyrannical  oligarchy,  the  more  odious  and 
dangerous  from  being  amenable  to  no  tribunal. 

The  immediate  object  of  the  democratic  societies  was 
to  thwart  the  endeavours  of  Washington  to  maintain  the 
neutral  attitude  of  the  country.  Hence  all  their  measures 
tended  to  force  the  nation  into  an  alliance  with  France,  and 
a  war  with  England.  The  New- York  society,  a  few  days 
after  Mr.  Jay's  departure,  published  an  address  to  the 
people,  in  which  they  declared — "  We  take  pleasure  in 
avowing  that  we  are  lovers  of  the  French  nation  ;  that  we 
esteem  their  cause  as  our  own.  We  most  firmly  believe 
that  he  who  is  an  enemy  to  the  French  revolution  cannot  be 


318  LIFE    OF   JOHN    JAY. 

a  firm  republican  ;  and,  therefore,  though  he  may  be  a  good 
citizen  in  other  respects,  ought  not  to  be  intrusted  with  the 
guidance  of  any  part  of  the  machine  of  government."  A 
Pennsylvania  society  resolved  that  the  president  had  no  right 
to  issue  the  proclamation  of  neutrality,  and  denied  the 
assertion  in  the  proclamation  that  neutrality  was  the  duty 
arid  interest  of  the  United  States.  The  mission  to  England 
was  loudly  censured,  and  the  envoy  objected  to  on  account 
of  his  high  standing  in  the  community.  "  The  revolution 
of  France,"  it  was  said,  "  had  sufficiently  proved  that  gene 
rals  may  be  taken  from  the  ranks,  and  ministers  of  state 
from  the  obscurity  of  the  most  remote  village.  Is  our 
president,  like  the  grand  sultan  of  Constantinople,  shut  up  in 
his  apartment,  and  unacquainted  with  all  talents  or  capa 
cities  but  those  of  the  seraskier  or  mufti  that  happens  to  be 
about  him  ?" 

A  Virginia  society,  in  obvious  reference  to  Washington, 
voted  that  the  constitution  ought  to  be  so  altered  as  to  ren 
der  the  president  ineligible  a  second  time. 

After  the  president  had  demanded  the  recall  of  Genet, 
the  Pennsylvania  society  informed  the  people,  that  foreign 
ministers  were  responsible  only  to  their  own  governments, 
and  insinuated  that  the  objections  which  had  been  made  to 
Genet's  conduct  originated  in  foreign  influence. 

We  have  Washington's  own  assertion,  that  the  rebellion  in 
Pennsylvania,  on  account  of  the  excise  law,  was  fomented 
by  the  democratic  societies ;  unquestionably  for  the  purpose 
of  impairing  his  influence,  and  embarrassing  his  admin 
istration. 

Great  pains  were  taken  by  these  societies  to  incorporate 
with  American  manners  the  follies  and  extravagances 
engendered  by  the  French  revolution.  The  New- York 
society  provided  by  its  constitution  that  the  term  Citizen 
should  be  prefixed  to  the  designation  of  all  its  officers  ;  and 
thus  the  aristocratic  address  of  Mr.  Chairman  was  ex 
changed  by  its  members  for  the  republican  appellation  of 


LIFE    OP   JOHN    JAY.  319 

"  Citizen  Chairman."  The  society  gave  a  public  dinner  on 
the  4th  July,  and,  faithful  to  this  patent  mode  of  maintaining 
the  equal  rights  of  their  countrymen,  toasted  the  president 
of  the  United  States  as  "  Citizen  George  Washington,"  with 
out  adding  a  word  indicative  of  respect  for  his  station,  or 
gratitude  for  his  services.  It  was  even  discovered,  that 
courtesy  to  the  fair  sex  was  inconsistent  with  republican 
ism  ;  and  although  good  democrats  still  married,  the  more 
scrupulous  were  careful  that  the  public  journals,  in  an 
nouncing  the  marriage,  should  designate  the  bride  as 
"  Citess,"  instead  of  Miss. 

It  is  scarcely  credible  to  what  an  extent  the  absurdities 
devised  and  practised  by  the  French  demagogues  to  in 
flame  the  passions  of  the  mob,  were  adopted  and  applauded 
by  multitudes  of  the  hitherto  staid  and  reflecting  citizens 
of  the  United  States.  All  heraldic  bearings  had  been  de 
nounced  in  France  as  aristocratic ;  in  America,  few  could 
be  found  to  offend  the  lovers  of  equality ;  but  fastidious 
patriots  were  not  wanting  who  were  scandalized  at  the 
sight  of  a  spread  eagle  on  the  coin,  and  over  the  caption  of 
printed  acts  of  Congress.  The  eagle,  like  the  lion  and  the 
unicorn,  was  supposed  to  have  some  affinity  with  royalty ; 
and  was  therefore  declared  in  the  newspapers  to  be  unde 
serving  the  honour  bestowed  on  him.  The  tree  of  liberty, 
surmounted  by  the  cap  of  liberty,  was  everywhere  erected, 
as  if  such  emblems  could  add  security  to  the  rights  and 
liberties  of  the  people,  already  amply  protected  by  their 
own  laws  and  constitutions.  A  liberty  cap,  decorated  with 
the  French  and  American  flags,  was  placed  with  great 
pomp  in  the  Merchants'  Exchange,  in  New- York.  A  large 
concourse  assembled  on  the  occasion,  and  united  in  singing 
patriotic  songs,  while  a  detachment  of  the  militia  attended 
under  arms  in  honour  of  the  ceremony. 

But  the  patriotism  which  blazed  in  these  fantastic  and 
equivocal  forms  derived  no  portion  of  its  warmth  from 


320  LIFE    OF   JOHN    JAY. 

admiration  for  the  character  of  him,  whom  a  grateful  nation 
had  placed  at  the  head  of  its  government.  A  democratic 
public  dinner  was  given  at  Philadelphia,  in  honour  of  the 
French  victories ;  Genet,  of  whose  insolence  Washington 
had  complained  to  Congress,  and  whose  recall  he  had 
already  demanded,  was  an  invited  guest.  In  the  toasts 
prepared  for  the  occasion,  an  opportunity  was  presented 
and  embraced  of  offering  a  double  insult  to  the  president. 
"  The  persecuted  Genet,"  and  "  May  laws,  and  not  procla 
mations,  be  the  instruments  by  which  freemen  shall  be 
governed,"  mark  the  influence  of  foreign  partialities  in 
counteracting  the  dictates  of  decency  and  patriotism. 

Another  fete  was  given  at  Philadelphia,  in  honour  of  the 
revolution  in  Holland.  A  great  crowd  assembled  in  the 
public  square,  and  thence  marched  in  procession,  bearing 
the  French  and  Dutch  flags,  into  the  garden  attached  to  the 
residence  of  the  French  minister,  the  successor  of  Genet. 
In  the  garden  was  erected  an  altar  to  Liberty,  and  before 
this  altar  the  mob,  after  chanting  hymns  to  the  goddess,  took 
an  oath  to  be  faithful  to  her,  and  never  to  forget  the  genius 
and  the  arms  that  had  restored  freedom.  The  profanity 
and  folly  of  this  oath  indicate  its  foreign  origin.  After 
this  mummery,  the  minister  addressed  the  multitude,  and 
in  evident  allusion  to  Mr.  Jay's  mission,  told  them  that  as 
virtuous  men  rejected  the  friendship  of  the  wicked,  so  a  free 
people  should  have  no  union  with  despots,  engaged  in  war 
with  nations  who  were  breaking  their  fetters.  The  festivity 
concluded  with  a  public  dinner,  at  which  there  were  four 
hundred  guests.  The  democratic  societies  were  toasted 
with  applause,  but  HE  who  was  first  in  war,  first  in  peace, 
and  who  ought  to  have  been  first  in  the  hearts  of  his  coun 
trymen,  remained  unnoticed. 

Nearly  a  whole  generation  has  passed  away  since  the 
scenes  and  follies  we  have  mentioned  were  acted:  they 
linger  in  the  recollection  of  a  few  only,  and  are  so  dis 
cordant  with  the  present  character  of  the  American  people, 


LIFE    OF   JOHN   JAY.  321 

that  were  they  not  recorded  in  the  journals  of  the  time,  we 
should  be  inclined  to  believe  that  they  belonged  rather  to 
fiction  than  to  history. 

We  have  entered  into  these  details,  not  for  the  sake  of 
reviving  and  perpetuating  transactions  on  which  no  Amer 
ican  can  dwell  with  pleasure,  but  for  the  purpose  of  showing 
the  obstacles  to  a  reconciliation  with  England,  presented 
by  the  machinations  of  the  democratic  societies,  and  the 
infatuated  predilection  for  republican  France,  which  at  that 
time  was  extensively  felt  in  the  United  States ;  and  also 
for  the  purpose  of  laying  open  the  secret  sources  of  that 
inveterate  hostility  which  the  treaty  concluded  by  Mr.  Jay 
was  doomed  to  encounter. 

VOL.  I. TT 


322  LIFE    OF    JOHN   JAY. 

OW  «•>&&  :  i  *'••'& •••<•••••.?•'•  ;;<  .- 


CHAPTER  IX. 

*> 
1794-95. 

Negotiation  of  British  Treaty — Extracts  from  Mr.  Jay's  Correspondence. 

THREE  objects  were  contemplated  by  Mr.  Jay's  instruc 
tions.  These  were,  compensation  for  the  losses  sustained 
by  American  merchants  in  consequence  of  the  orders  in 
council,  a  settlement  of  all  existing  disputes  in  relation  to 
the  treaty  of  peace,  and  a  commercial  treaty.  The  con 
fidence  placed  by  the  president  in  his  envoy,  led  him  to 
direct  him  to  consider  his  instructions  merely  in  the  light 
of  recommendations.  Only  two  restrictions  were  imposed 
on  the  discretion  of  the  minister  :  one  was,  not  to  enter  into 
any  stipulation  inconsistent  with  the  existing  engagements 
of  the  United  States  with  France;  and  the  other  not  to  con 
clude  any  commercial  treaty  that  did  not  secure  to  the 
United  States  a  direct  trade  in  their  own  vessels,  "  of  cer 
tain  defined  burdens,"  with  the  British  West  India  islands, 
in  whatever  articles  were  at  present  allowed  to  be  carried 
in  British  bottoms.  These  restrictions  were  probably  im 
posed  with  the  view  of  furnishing  evidence,  should  it  ever 
be  required,  both  of  the  good  faith  of  the  government 
towards  France,  and  of  its  attention  to  the  commercial 
interests  of  the  nation. 

Mr.  Jay  landed  at  Falmouth  on  the  evening  of  the  8th 
June,  and  with  his  usual  promptitude  forwarded  the  same 
night  to  Lord  Grenville,  the  secretary  for  foreign  affairs,  a 
letter  announcing  his  arrival.  In  a  few  days  he  reached 
London,  and  his  first  note  to  the  British  minister  affords  a 


LIFE    OF    JOHN    JAY.  323 

specimen  of  the  friendly  and  conciliatory  tone  which  both 
policy  and  propriety  induced  him  to  adopt. 

«  Pallmall,  Royal  Hotel,  15th  June,  1794. 
"  MY  LORD, 

"  You  have  doubtless  received  a  letter  which  I  had  the 
honour  of  writing  to  you  from  Falmouth.  I  arrived  here 
this  morning.  The  journey  has  given  me  some  health  and 
much  pleasure,  nothing  having  occurred  on  the  road  to 
induce  me  to  wish  it  shorter. 

"  Col.  Trumbull  does  me  the  favour  to  accompany  me  as 
secretary  ;  and  I  have  brought  with  me  a  son,  who  I  am 
anxious  should  form  a  right  estimate  of  whatever  may  be 
interesting  to  our  country.  Will  you  be  so  obliging,  my 
lord,  as  to  permit  me  to  present  them  to  you,  and  to  inform 
me  of  the  time  when  it  will  be  most  agreeable  to  your  lord 
ship  that  I  should  wait  upon  you,  and  assure  you  of  the 
respect  with  which 

"  I  have  the  honour  to  be,  &c.  &c. 

"JOHN  JAY." 

Lord  Grenville  was  commissioned  by  the  king  to  treat 
with  Mr.  Jay,  and  the  sincerity  and  candour  of  the  two 
negotiators  soon  led  to  a  degree  of  mutual  confidence  that 
both  facilitated  and  lightened  their  labours.  Instead  of 
adopting  the  usual  wary,  but  tedious  mode  of  reducing  every 
proposition  and  reply  to  writing,  they  conducted  the  nego-' 
tiation  chiefly  by  conferences,  in  which  the  parties  frankly 
stated  their  several  views,  and  suggested  the  way  in  which 
the  objections  to  those  views  might  be  obviated.  It  was 
understood  that  neither  party  was  to  be  committed  by  what 
passed  in  these  conversations  ;  but  that  the  propositions 
made  in  them  might  be  recalled  or  modified  at  pleasure. 

In  this  manner  the  two  ministers  speedily  discovered  on 
what  points  they  could  agree,  where  their  views  were 
irreconcilable,  and  on  what  principles  a  compromise  could 
be  effected. 


324  LIFE    OF    JOHN    JAY. 

The  period  at  which  this  negotiation  was  commenced 
added  not  a  little  to  the  difficulties  in  which  it  was  involved, 
and  exacted  from  the  American  envoy  an  unusual  degree 
of  circumspection. 

<r£  On  his  arrival  in  England,  the  revolutionary  phrensy  in 
France  was  at  its  height.  Robespierre  was  revelling  in  all 
the  wantonness  of  unbridled  power ;  and  the  French  people, 
the  unconscious  vassals  of  a  bloody  tyrant,  were  perpe 
trating  acts  of  cruelty  and  impiety,  which  excited  the 
astonishment  and  abhorrence  of  all  who  duly  estimated  the 
claims  of  humanity  and  the  obligations  of  religion.  With 
this  people  the  British  monarch  was  waging  a  war,  in  which 
he  was  supported  by  the  enthusiastic  co-operation  of  his 
own  subjects,  and  by  the  alliance  of  Russia,  Austria,  Spain, 
and  Sardinia.  Although  in  this  war  the  United  States 
.were  professedly  neutral,  yet  it  was  well  known  that  the 
Sympathies  of  a  large  portion  of  their  citizens  were  enlisted 
on  the  side  of  France,  and  that  they  were  with  difficulty 
restrained  by  their  government  from  violating  the  duties 
of  neutrality.  The  late  proceedings  of  Congress,  also, 
had  tended  but  little  to  conciliate  the  good  will  of  Eng 
land.  The  American  war,  and  the  consequent  independ 
ence  of  her  colonies,  had  moreover  wounded  the  pride  of 
Britain,  and  engendered  feelings  towards  the  United  States 
unpropitious  to  the  present  negotiation.  The  extent  of  her 
resources,  the  number  of  her  allies,  the  nature  of  the  war  in 
which  she  was  engaged,  and  her  resentments  towards  the 
United  States,  all  combined  to  indispose  Great  Britain  either 
to  acknowledge  the  wrongs  she  had  committed,  or  to  make 
reparation  for  them. 

Mr.  Jay,  moreover,  arrived  at  a  moment  of  national  re 
joicing  for  a  splendid  victory  which  had  just  been  achieved 
by  Lord  Howe  over  the  French  fleet.  If  under  all  these 
circumstances  he  had  affected  a  republican  sternness,  and 
a  disregard  of  the  usual  courtesies  of  courts  ;  if  in  a  lofty 
tone  he  had  denounced  the  aggressions  of  Britain,  and 


LIFE    OF   JOHN   JAY.  325 

threatened  her  with  the  vengeance  of  the  American  repub 
lic,  unless  she  instantly  complied  with  all  his  demands,  his 
mission  would  have  terminated  abruptly,  and  a  war  with 
England,  and  an  alliance  with  France,  would  have  been  the 
bitter  fruits  of  his  imprudence.  The  temper  and  disposi 
tions  with  which  he  conducted  this  negotiation  are  disclosed 
in  an  official  despatch  to  Mr.  Randolph,  the  American  sec 
retary  of  state. 

"  I  shall  persevere  in  my  endeavours  to  acquire  the  con 
fidence  and  esteem  of  this  government,  not  by  improper 
compliances,  but  by  that  sincerity,  candour,  truth,  and  pru 
dence  which,  in  my  opinion,  will  always  prove  to  be  more 
wise  and  more  effectual  than  finesse  and  chicane.  Formal^ 
discussions  of  disputed  points  should,  in  my  judgment,  be 
postponed,  until  the  case  becomes  desperate  ;  my  present 
object  is  to  accommodate,  rather  than  to  convert  or  con 
vince.  Men  who  sign  their  names  to  arguments,  seldom 
retract.  If,  however,  my  present  plan  should  fail,  I  shall 
then  prepare  and  present  such  formal,  and  at  the  same  time 
such  temperate  and  firm  representations,  as  may  be  neces 
sary  to  place  the  claims  and  conduct  of  the  two  govern 
ments  in  their  proper  points  of  view." 

The  British  spoliations  upon  American  commerce  had 
arisen  from  a  series  of  orders  in  council,  evidently  at  vari 
ance  with  the  rights  of  neutrals  ;  and  under  these  orders, 
not  only  had  American  property  to  a  prodigious  amount 
been  captured,  but  frequent  seizures  had  been  made,  which 
were  not  expressly  authorized  by  them,  and  which  there 
fore  led  to  a  tedious  and  expensive  course  of  litigation  in 
the  English  courts  of  admiralty. 

It  will  be  readily  conceived,  that  Great  Britain  would 
with  great  reluctance  acknowledge  before  the  world,  that 
in  issuing  these  orders  she  had  transgressed  the  laws  of 
nations,  and  as  a  proof  of  her  penitence,  restore  the  booty  she 
had  taken.  Mr.  Jay  was  too  well  versed  in  the  knowledge 
both  of  courts  and  of  human  nature,  to  ask  for  humiliating 


326  LIFE    OF   JOHN    JAY. 

concessions  ;  and  yet  the  chief  object  of  his  mission  was  to 
obtain  compensation  for  these  outrages  ;  and  he  well  knew 
that  unless  this  point  was  effected,  war  must  ensue.  He  pro 
posed  that  commissioners  should  be  appointed,  who,  upon  due 
investigation,  should  award  compensation  for  all  American 
vessels  and  property  that  had  been  illegally  captured  and 
condemned  during  the  existing  war,  "  under  colour"  of  au 
thority  and  commissions  derived  from  the  king,  and  for  which 
no  redress  could  be  obtained  in  his  majesty's  courts.  This 
course,  while  it  saved  the  pride  of  England,  would  effectu 
ally  secure  the  rights  of  American  claimants.  The  propo 
sition  was  accepted,  and  it  was  agreed  that  four  commis 
sioners  should  be  appointed,  two  by  the  king,  and  two  by 
the  president  and  senate.  These  four  were  to  appoint  a 
fifth,  but  if  they  could  not  agree  in  their  choice,  then  the 
commissioners  on  each  side  were  to  nominate  a  person,  and 
one  of  the  persons  thus  nominated  was  to  be  selected  by 
lot.  These  five  commissioners  were  to  meet  in  London, 
and  to  decide  all  claims  that  came  before  them, "  according 
to  the  merits  of  the  several  cases,  and  to  justice,  equity, 
and  the  laws  of  nations.9'  This  last  condition  virtually 
abrogated  the  orders  in  council,  as  affording  any  justification 
for  the  captures  made  under  them. 

The  next  object  of  attention  was  the  differences  existing 
between  the  two  countries  in  relation  to  the  infractions  of 
the  treaty  of  peace.  We  have  already  seen  that,  contrary 
to  the  stipulations  of  this  treaty,  certain  negroes  had  been 
taken  from  New- York  by  the  British,  on  the  conclusion  of 
the  war ;  and  certain  military  posts,  which  were  to  have 
been  evacuated,  were  still  garrisoned  by  British  troops. 
The  treaty  had  also  been  disregarded  on  the  part  of  the 
United  States,  by  certain  legal  enactments  which  prevented 
British  creditors  from  recovering  their  just  debts. 

The  treaty  had  stipulated  that  his  Britannic  Majesty 
should,  with  all  convenient  speed,  withdraw  his  armies, 
garrisons,  and  fleets  from  the  United  States,  without  "  car- 


LIFE   OF   JOHN   JAY.  327 

rying  away  any  negroes  or  other  properly  of  the  American 
inhabitants"  The  British  minister  insisted  that  the  pur 
port  of  these  words  was  to  secure  the  American  inhabit 
ants  from  depredation,  not  to  entitle  them  to  the  restitution 
of  property  they  had  lost  by  the  fortune  of  war ;  and  he 
denied  that  the  negroes  in  question  were,  at  the  time  they 
were  carried  away,  any  more  the  property  of  their  former 
masters  than  the  ships  or  horses  that  had  been  taken  in 
battle. 

This  reasoning,  whether  conclusive  or  not,  had  too  much 
semblance  to  truth  to  justify  Mr.  Jay  in  maintaining  its 
fallacy  at  the  hazard  of  breaking  off  the  negotiation.  Lord 
Grenville  peremptorily  refused  to  make  any  compensation 
whatever  for  these  negroes ;  and  when  it  is  recollected, 
that  the  American  negotiator,  by  waiving  this  claim  and 
pursuing  the  other  and  more  important  objects  of  his  mis 
sion,  finally  obtained  for  his  countrymen  many  millions  for 
the  losses  they  had  sustained  on  the  ocean,  and  saved  to 
them  many  more  millions  by  averting  an  impending  war, 
few  will  be  disposed  to  censure  his  conduct. 

The  case  of  the  negroes  being  thus  disposed  of,  the  breach 
of  the  treaty  on  the  part  of  the  United  States,  in  obstruct 
ing  the  collection  of  British  debts,  remained  to  be  corrected 
before  the  evacuation  of  the  posts  could  be  decently  de 
manded. 

It  is  true  that,  under  the  new  constitution,  the  federal 
courts  were  open  to  British  creditors,  and  that  they  there 
found  the  justice  which  had  been  refused  to  them  before. 
But  the  federal  courts  had  been  established  only  for  the 
last  six  years,  and  various  debts  had  been  previously  4 

lost  by  the  inability  of  the  creditors  to  recover  them, — the 
debtors  having  become  insolvent,  removed,  or  died.  In 
these  cases  the  courts  could  afford  no  relief,  and  the 
British  government  claimed  reparation.  Mr.  Jay  acknow 
ledged  the  justice  of  the  claim,  and  provided  for  its  satis 
faction.  He  prepared  an  article,  which  was  inserted  in  the 


328  LIFE    OF   JOHN    JAY. 

treaty,  stating  that  "  whereas  it  is  alleged  by  divers  mer 
chants  and  others,  his  majesty's  subjects,"  that  they  had  sus 
tained  various  losses  by  the  legal  impediments  they  had 
experienced  in  collecting  debts  in  America  due  to  them  be 
fore  the  war,  it  was  agreed  that  commissioners  should  be 
appointed  in  the  same  manner  as  those  already  mentioned, 
who  should  award  full  compensation  for  losses  for  which 
compensation  could  not  be  obtained  in  the  ordinary  course 
of  justice. 

The  British  were  thus  deprived  of  all  pretence  for  retain 
ing  the  posts,  and  it  was  agreed  that  they  should  be  sur 
rendered  on  or  before  the  1st  June,  1796.  The  settlers 
and  traders  within  the  jurisdiction  of  the  posts  were  to  be 
permitted  to  remain  and  to  enjoy  their  property  without 
becoming  citizens  of  the  United  States,  unless  they  should 
think  proper  to  do  so. 

Several  British  vessels  had  been  captured  by  French 
privateers  illegally  armed  in  American  ports,  and  some  had 
even  been  taken  in  the  waters  of  the  United  States.  Wash 
ington  had,  in  1793,  admitted  the  obligation  of  the  United 
/  States  to  make  compensation  for  these  captures ;  and  it 
was  now  agreed,  that  all  claims  of  this  nature  should  be 
settled  by  the  commissioners  to  whom  claims  for  British 
spoliations  had  already  been  referred. 

The  complaints  on  either  side  being  thus  amicably  and 
honourably  adjusted,  Mr.,  Jay  and  Lord  Grenville  pro 
ceeded  to  arrange  the  future  intercourse  between  the  two 
governments,  on  principles  of  justice,  humanity,  and  mutual 
convenience. 

The  United  States  and  the  Canadas,  being  separated 
partly  by  an  imaginary  line,  and  partly  by  navigable 
waters,  it  became  important  to  promote  harmony  and  good 
neighbourhood  on  the  frontiers,  and  therefore  to  afford  to 
each  party  such  mutual  accommodations  as  their  local  situ 
ation  required.  Hence  it  was  agreed  that  the  inhabitants 
might  freely  pass  by  land  or  inland  navigation  into  the  ter- 


LIFE    OF   JOHN   JAY.  329 

ritories  of  the  two  parties,  and  carry  on  trade  with  each 
other  ;  and  that  the  duties  on  goods  thus  introduced  should 
be  the  same  as  those  paid  by  the  citizens  of  the  country  into 
which  they  were  imported. 

As  doubts  existed  respecting  parts  of  the  boundary-line 
fixed  by  the  treaty  of  peace,  provision  was  made  for  settling 
them  by  surveys  to  be  made  by  commissioners  appointed  />""* 
for  the  purpose.  Lands  held  by  the  subjects  and  citizens 
of  the  two  parties  in  the  territories  of  the  other,  were  con 
firmed  to  them  and  their  heirs. 

proposition  had  been  lately  made  in  Congress  to 
sequester  British  debts.  Mr.  Jay  revolted  from  this  attempt 
to  extend  the  miseries  of  war,  and  especially  by  acts  of 
injustice  and  perfidy.  He  therefore  inserted  in  the  treaty  an 
article  declaring  that  neither  the  debts  due  from  individuals 
of  one  nation  to  individuals  of  the  other,  nor  moneys  which 
they  might  have  in  the  public  funds,  or  in  public  or  private 
banks,  should  ever,  in  any  event  of  war  or  national  differ 
ences,  be  sequestered  or  confiscated  ;  "  it  being  unjust  and 
impolitic  that  debts  and  engagements  contracted  and  made 
by  individuals  having  confidence  in  each  other  and  in  their 
respective  governments,  should  ever  be  destroyed  or 
impaired  by  national  authority,  on  account  of  national 
differences  or  discontent." 

The  original  draught  of  the  treaty  prepared  by  Mr.  Jay, 
and  submitted  to  Lord  Grenville,  contained  the  following 
article. 

"  It  is  agreed,  that  if  it  should  unfortunately  happen  that 
Great  Britain  and  the  United  States  should  be  at  war,  there 
shall  be  no  privateers  commissioned  by  them  against  each 
other."  Humanity  must  deplore  that  this  article  did  not 
receive  the  sanction  of  the  British  minister.  Had  it  been 
adopted,  the  example  set  by  two  such  powerful  maritime 
nations  would  probably  have  led  to  the  abandonment  of  this 
species  of  warfare, — a  warfare  prompted  only  by  a  thirst 

VOL.  I. U  U 


330  LIFE    OF    JOHN    JAY. 

of  gain,  and  which,  while  it  occasions  extensive  suffering, 
rarely  affects  the  national  objects  of  the  contest. 

It  will  be  recollected  that  by  his  instructions,  the  Ameri 
can  minister  was  precluded  from  forming  any  treaty  of 

P  commerce,  that  did  not  secure  to  the  United  States  at  least 
a  qualified  trade  to  the  British  West  Indies.  This  trade 
had  been  enjoyed  by  the  late  colonies,  and  it  had  added 
much  to  their  wealth  and  power.  Their  separation  from 
the  mother  country  of  course  deprived  them  of  it  ;  and  they 
seized'  the  first  opportunity,  on  the  cessation  of  hostilities,  to 
attempt  its  recovery.  In  1783  the  American  commission 
ers  at  Paris,  in  their  negotiation  with  Mr.  Hartley,  endeav 
oured,  but  without  success,  to  induce  the  British  cabinet  to 
open  the  ports  of  their  West  India  colonies.  The  policy  of 
the  European  powers  in  monopolizing  the  trade  of  their  colo 
nies  seemed  to  be  immoveably  established.  Even  France 
in  her  treaty  of  1778  granted  no  share  of  her  colonial  trade 
to  her  new  and  cherished  allies  ;  and  from  the  colonies  of 
Spain  all  foreign  vessels  were  rigidly  excluded.  Circum 
stances  indeed,  as  war  or  scarcity,  led  occasionally  to  a  tem 
porary  relaxation  of  this  monopoly ;  but  in  general  it  was 
regarded  as  a  settled  principle  of  European  policy,  that  each 
nation  was  exclusively  to  enjoy  the  trade  of  its  own  colo 
nies.  The  task  assigned  to  Mr.  Jay,  of  inducing  Great 
Britain  to  depart  from  this  exclusive  system,  to  which  long 
habit  and  common  opinion  had  strongly  attached  her,  was 
not  an  easy  one.  So  sensible  was  the  president  of  the 
obstacles  that  would  oppose  his  success,  that  he  instructed 
him  to  ask  for  the  privilege  of  carrying  on  this  trade  only  in 
vessels  of  "  certain  defined  burdens  ;"  fully  sensible  that  a 
free,  unqualified  trade  was  not  to  be  expected.  Mr.  Jay 
did  indeed  succeed  in  obtaining  a  partial  relaxation  of  the 
colonial  monopoly,  but  it  was  only  on  certain  conditions 

|,  and  securities.  He  proposed  that  American  vessels  of  100 
tons  should  be  admitted  into  the  West  India  ports ;  but  the 
British  minister  limited  the  burden  to  70  tons,  and  further 


LIFE    OF    JOHN    JAY.  331 

insisted  that  if  this  boon  were  granted,  the  United  States 
must  stipulate  that  all  the  cargoes  taken  by  their  vessels 
from  the  British  islands  should  be  landed  in  the  United 
States;  and  moreover  that  no  molasses,  sugar,  coffee, 
cocoa,  or  cotton  should  be  shipped  from  the  United  States 
to  any  other  part  of  the  world.  Under  these  restrictions  he 
was  willing  that  the  citizens  of  the  United  States  should 
carry  in  their  own  vessels  to  the  islands,  any  produce  or 
manufactures  of  their  country  which  were  at  present  ad 
mitted  in  British  bottoms,  and  might  return  with  any  car 
goes  which  British  vessels  were  permitted  to  carry  to  the 
United  States. 

These  were  apparently  hard  conditions,  and  the  Ameri 
can  minister  was  required  to  decide  whether,  under  all 
circumstances,  it  was  most  advisable  to  reject  or  accept 
them.  If  he  rejected  them,  he  rejected  with  them  the 
various  and  important  commercial  privileges  which  Britain 
was  ready  to  concede  to  the  United  States,  both  in  Europe 
and  the  East  Indies  ;  for  his  instructions,  perhaps  unwisely, 
precluded  him  from  agreeing  to  any  treaty  of  commerce 
that  did  not  secure  the  West  India  trade.  To  this  con 
sideration  was  added  the  actual  situation  of  the  West 
India  Islands.  Martinico,  Guadaloupe,  St.  Lucia,  and  To 
bago  had  all  been  recently  captured  by  the  British,  and 
were  of  course,  like  the  other  British  islands,  closed  to 
American  commerce.  The  part  of  St.  Domingo  belonging 
to  France,  and  now  its  only  remaining  colony,  was  in  a 
state  of  insurrection,  and  would  probably  either  be  held  by 
the  insurgents,  or  captured  by  the  British  forces.  To  none 
of  the  Spanish  islands  were  American  vessels  entitled 
to  trade.  St.  Eustatia,  Curaqoa,  St.  Bartholomew,  St. 
Thomas,  St.  John,  and  St.  Croix,  were  the  only  remain 
ing  islands  of  importance,  with  which  the  United  States 
could  expect  to  maintain  a  commerce.  The  question  then, 
which  the  American  negotiator  was  called  upon  to  deter 
mine  was,  whether  the  privilege  of  importing  the  produce 


332  LIFE    OF   JOHN    JAY. 

of  these  few  islands  in  American  bottoms,  and  of  the  British 
islands  in  British  bottoms,  and  under  whatever  duties 
Britain  might  choose  to  exact,  and  re-exporting  to  Europe 
what  we  might  not  want  for  our  own  consumption,  was  of 
more  value  than  a  free  and  direct  trade,  under  equal  duties, 
with  the  rich  and  numerous  islands  belonging  to  Great 
Britain,  affording  a  market  for  many  of  our  staples,  and 
furnishing  in  abundance  all  the  tropical  productions  we 
might  want  ;  added  to  the  commercial  privileges  in  Europe 
and  Asia  offered  by  the  British  cabinet.  It  must  also  be 
recollected,  that  the  conditions  imposed  left  the  American 
merchant  at  full  liberty  to  carry  cargoes  direct  to  Europe 
from  any  island  not  belonging  to  Great  Britain.  Mr.  Jay 
believed  it  to  be  his  duty  to  accept  the  trade  on  the  condi- 

/tion  which  it  was  offered,  but  thought  it  most  prudent 
to  limit  the  duration  of  the  article  respecting  it,  to  two 
years  after  the  termination  of  the  existing  war.  Peace 
might  change  the  possession  of  some  of  the  islands, 
and  lead  to  further  relaxations  in  the  colonial  policy  of 
Europe  ;  and  by  this  limitation  the  United  States  would  be 
in  a  condition  to  avail  themselves  of  whatever  changes 
might  occur. 

It  may  seem  singular,  that  the  American  minister  should 
e  consented  to  prohibit  the  exportation  of  cotton,  now 
of  the  most  important  staples  of  his  country.  The 
explanation  is  at  once  curious  and  satisfactory.  In  the 
original  draught  of  the  treaty,  the  United  States  stipulated 
to  prohibit  during  the  continuance  of  the  article,  all  "  West 
India  productions  and  manufactures."  This  expression 
was,  on  reflection,  deemed  too  general,  and  it  was  thought 
best  to  specify  the  prohibited  articles,  and  hence  cotton 
was  inserted  as  a  West  Indian  production.  The  cultiva 
tion  of  this  article  had  but  recently  been  introduced  into 
the  United  States,  and  the  success  of  the  experiment  had 
not  yet  been  fully  tested.  The  cotton  used  in  the  United 
States  was  almost  wholly  brought  from  the  West  Indies. 


h^v 


LIFE    OF   JOHN    JAY.  333 

Of  404,135  pounds  imported  in  1792,  373,350  came  from 
the  islands.  A  few  months  before  Mr.  Jay's  departure, 
Mr.  Jefferson,  the  secretary  of  state,  in  a  report  to  Con 
gress  on  the  commerce  of  the  United  States,  enumerated 
the  exports  of  the  country,  but  made  no  mention  whatever 
of  cotton.  It  was  not  at  that  time  known  as  one  of  the 
productions  of  the  United  States.  It  appears,  indeed,  from 
the  custom-house  returns,  that  small  quantities  of  it  had 
been  sent  abroad,  but  whether  they  were  of  foreign  or 
domestic  growth  is  not  known. 

A  direct  trade  was  granted  to  the  United  States  to  and 
from  the  British  East  Indies,  on  the  payment  of  the  same  ^ 
duties  as  were  charged  on  British  vessels  and  cargoes. 
This  relinquishment  of  discriminating  duties,  was  a  bold 
innovation  upon  the  navigation  laws  of  England,  and  a 
very  essential  advantage  to  the  United  States.  Reciprocal 
and  perfect  liberty  of  commerce  between  the  United  States 
and  the  British  dominions  in  Europe  was  secured  by  the 
treaty.  Contraband  articles  were  specified,  and  the  rigour  •- 
of  the  laws  of  nations  relative  to  provisions  was  softened, 
by  a  stipulation,  that  in  all  cases  in  which,  by  those  laws,  they 
were  deemed  contraband,  instead  of  being  forfeited,  they 
might  be  taken  by  the  belligerent  party,  on  paying  their 
full  value,  with  the  freight,  and  a  reasonable  mercantile 
profit.  It  was  also  agreed,  that  the  citizens  of  one  country  <-^ 
should  not  enter  into  the  service  of  a  foreign  power,  to 
fight  against  the  other  ;  and  that  such  of  them  as  accepted 
a  foreign  commission  for  arming  a  vessel  as  a  privateer 
against  either  of  the  parties,  might,  if  taken,  be  treated  as 
a  pirate. 

With  the  exception  of  the  articles  already  mentioned  as 
having  been  made  permanent,  and  the  article  respecting  the 
West  India  trade,  the  treaty  was  to  remain  in  force 
twelve  years. 

Such  were   the   principal   features   of  this   celebrated 
treaty.     It  was  signed  on  the  19th  November;  and  Lord 


334  LIFE    OF   JOHN    JAY. 

Grenville,  having  occasion  the  same  day  to  address  a  note 
to  Mr.  Jay,  took  the  opportunity  to  express  the  following 
sentiments,  in  which  there  was  probably  more  sincerity 
than  usually  marks  the  courtesies  of  diplomatic  corres 
pondence. 

"  I  cannot  conclude  this  letter  without  repeating  to  you 
the  very  great  satisfaction  I  have  derived  from  the  open 
and  candid  manner  in  which  you  have  conducted  on  your 
part  the  whole  of  the  difficult  negotiation,  which  we  have 
now  brought  to  so  successful  an  issue,  and  from  the  dispo 
sition  which  you  have  uniformly  manifested,  to  promote  the 
objects  of  justice,  conciliation,  and  lasting  friendship  between 
our  two  countries." 

In  his  letter  to  the  secretary  of  state,  transmitting  the 
treaty,  Mr.  Jay  observed  : — "  The  long-expected  treaty 
accompanies  this  letter.  The  difficulties  which  retarded 
its  accomplishment  frequently  had  the  appearance  of  being 
insurmountable.  They  have  at  last  yielded  to  modifications 
of  the  articles  in  which  they  existed,  and  to  that  mutual 
disposition  to  agreement,  which  reconciled  Lord  Grenville 
and  myself  to  an  unusual  degree  of  trouble  and  application. 
They  who  have  levelled  uneven  ground,  know  how  little  of 
the  work  afterward  appears. 

"  Since  the  building  is  finished,  it  cannot  be  very  import 
ant  to  describe  the  scaffolding,  nor  to  go  into  all  the  details 
which  respected  the  business.  My  opinion  of  the  treaty  is 
apparent,  from  my  having  signed  it.  I  have  no  reason  to 
believe  or  conjecture,  that  one  more  favourable  to  us  is 
attainable." 

On  the  conclusion  of  the  treaty  Mr.  Jay  informed  Mr. 
Monroe,  the  American  minister  in  France,  of  the  event ; 
and  that  it  contained  a  clause  expressly  declaring,  that 
nothing  in  it  was  to  operate  contrary  to  the  provisions  of 
v  existing  treaties  between  the  United  States  and  other 
powers ;  and  intimated,  that  he  would  before  long  com- 


LIFE    OP   JOHN   JAY.  335 

municate  to  him  in  confidence  its  principal  heads.     This  led 
to  the  following  correspondence. 

FROM    JAMES    MONROE. 

"Paris,  January  17th,  1795. 
"SIR, 

"  Early  in  December  last,  English  papers  were  received 
here,  containing  such  accounts  of  your  adjustment  with  the 
British  administration  as  excited  much  uneasiness  in  the 
councils  of  this  government ;  and  I  had  it  in  contemplation 
to  despatch  a  confidential  person  to  you,  for  such  information 
of  what  had  been  done  as  would  enable  me  to  remove  it. 
At  that  moment,  however,  I  was  favoured  with  yours  of  the 
25th  November,  intimating  that  the  contents  of  the  treaty 
could  not  be  made  known  until  it  was  ratified,  but  that  I 
might  say  it  contained  nothing  derogatory  to  our  existing 
treaties  with  other  powers.  Thus  advised,  I  thought  it 
improper  to  make  the  application,  because  I  concluded  the 
arrangement  was  mutual,  and  not  to  be  departed  from.  I 
proceeded,  therefore,  to  make  the  best  use  in  my  power  of 
the  information  already  given. 

"  To-day,  however,  I  was  favoured  with  yours  of  the  28th 
of  the  same  month,  by  which  I  find  you  consider  yourself  at 
liberty  to  communicate  to  me  the  contents  of  the  treaty ; 
and  as  it  is  of  great  importance  to  our  affairs  here  to 
remove  all  doubt  upon  this  point,  I  have  thought  fit  to 
resume  my  original  plan  of  sending  a  person  to  you  for  the 
necessary  information,  and  have,  in  consequence,  despatched 
the  bearer,  Mr.  John  Purveyance,  for  that  purpose.  I  have 
been  the  more  induced  to  this,  from  the  further  consideration 
that  in  case  I  should  be  favoured  with  the  communication 
promised  in  cipher,  it  would  be  impossible  for  me  to  com 
prehend  it,  as  Mr.  Morris  took  his  off  with  him. 

"Mr.  Purveyance  is  from  Maryland,  a  gentleman  of 
integrity  and  merit,  and  to  whom  you  may  commit  what 
ever  you  may  think  proper  to  confide,  with  perfect  safety. 


336  LIFE    OF   JOHN   JAY. 

'Tis  necessary  however  to  observe,  that  as  nothing  will 
satisfy  this  government  but  a  copy  of  the  instrument  itself, 
and  which  as  our  ally  it  thinks  itself  entitled  to,  so  it  will  be 
useless  for  me  to  make  to  it  any  new  communications  short 
of  that.  I  mention  this  that  you  may  know  precisely  the 
state  of  my  engagements  here,  and  how  I  deem  it  my  duty 
to  act  under  them,  in  relation  to  this  object.  I  beg  leave  to 
refer  you  to  Mr.  Purveyance  for  whatever  other  informa 
tion  you  may  wish  to  have,  either  on  this  subject,  or  the 
affairs  more  generally  of  this  republic. 
"  I  have  the  honour  to  be, 

"  With  great  respect,  &c.  &c.  &c. 

"  JAMES  MONROE." 

"TO  JAMES  MONROE. 

"London,  February  5th,  1795. 

"  SIR, 

"  I  have  received  the  letter  you  did  me  the  honour  to 
write  on  the  17th  of  last  month,  by  Mr.  Purveyance. 

"  It  is  much  to  be  regretted  that  any  unauthorized  accounts 
in  English  newspapers,  of  my  '  adjustment'  with  the  British 
administration,  should  '  have  excited  much  uneasiness  in  the 
councils  of  the  French  government ;'  and  the  more  so,  as  it 
does  not  imply  that  confidence  in  the  honour  and  good  faith 
of  the  United  States  which  they  certainly  merit. 

"  You  must  be  sensible  that  the  United  States,  as  a  free 
and  independent  nation,  have  an  unquestionable  right  to 
make  any  pacific  arrangements  with  other  powers  which 
mutual  convenience  may  dictate,  provided  those  arrange 
ments  do  not  contradict  or  oppugn  their  prior  engagements 
with  other  states. 

"  Whether  this  adjustment  was  consistent  with  our  treaty 
with  France,  struck  me  as  being  the  only  question  which 
could  demand  or  receive  the  consideration  of  that  republic  ; 
and  I  thought  it  due  to  the  friendship  subsisting  between 
the  two  countries,  that  the  French  government  should  have, 


LIFE    OP   JOHN   JAY.  337 

without  delay,  the  most  perfect  satisfaction  on  that  head. 
I  therefore  by  three  letters  of  the  24th,  25th,  and  28th 
November,  1794,  gave  you  what  I  hoped  would  be  very 
acceptable  and  satisfactory  information  on  that  point,  I 
am  happy  in  this  opportunity  of  giving  you  an  exact  and 
literal  extract  from  the  treaty.  It  is  in  these  words,  viz. 

"'  Nothing  in  this  treaty  contained,  shall,  however,  be 
construed  or  operate  contrary  to  former  and  existing  public 
treaties  with  other  sovereigns  or  states.' 

"  Considering  that  events  favourable  to  our  country  could 
not  fail  to  give  you  pleasure,  I  did  intend  to  communicate 
to  you  concisely,  some  of  the  most  interesting  particulars 
of  this  treaty,  but  in  the  most  perfect  confidence.  As  that 
instrument  has  not  yet  been  ratified,  nor  received  the 
ultimate  forms  necessary  to  give  it  validity ;  as  further  ques 
tions  respecting  parts  of  it  may  yet  arise,  and  give  occasion 
to  further  discussions  and  negotiations,  so  that,  if  finally 
concluded  at  all,  it  may  then  be  different  from  what  it  now 
is,  the  impropriety  of  making  it  public  at  present  is  palpable 
and  obvious  ;  such  a  proceeding  would  be  inconvenient  and 
unprecedented.  It  does  not  belong  to  ministers  who  nego 
tiate  treaties  to  publish  them  even  when  perfected,  much 
less  treaties  not  yet  completed,  and  remaining  open  to 
alteration  or  rejection.  Such  acts  belong  exclusively  to  the 
governments  who  form  them. 

"  I  cannot  but  flatter  myself  that  the  French  government 
is  too  enlightened  and  reasonable  to  expect  that  any  con 
sideration  ought  to  induce  me  to  overleap  the  bounds  of  my 
authority,  or  to  be  negligent  of  the  respect  which  is  due  to 
the  United  States.  That  respect,  and  my  obligations  to 
observe  it,  will  not  permit  me  to  give,  without  the  permission 
of  their  government,  a  copy  of  the  instrument  in  question  to 
any  person,  or  for  any  purpose ;  and  by  no  means  for  the 
purpose  of  being  submitted  to  the  consideration  and  judg 
ment  of  the  councils  of  a  foreign  nation,  however  friendly. 

VOL.  I. X  X 


338  LIFE    OP   JOHN    JAY. 

"  I  will,  sir,  take  the  earliest  opportunity  of  transmitting 
a  copy  of  your  letter  to  me,  and  of  this  in  answer  to  it,  to 
the  secretary  of  state,  and  will  immediately  and  punctually 
execute  such  orders  and  instructions  as  I  may  receive  on 
the  subject.  I  have  the  honour  to  be, 

"With  great  respect,  sir, 

"  Your  most  obedient 

"  And  humble  servant, 

"JOHN  JAY." 

The  subjoined  letter,  written  before  the  conclusion  of  the 
treaty,  shows  that  the  opposition  it  afterward  encountered, 
was  plainly  foreseen  by  the  writer. 

"  TO  GEORGE    WASHINGTON. 

"  [Private.] 

"London,  13th  Sept.,  1794. 
"  DEAR  SIR, 

"  My  letter  to  Mr.  Randolph,  which  accompanies  this, 
contains  very  full  and  accurate  information  respecting  our 
negotiation  here.  You  will  perceive  that  many  points  are 
under  consideration,  and  that  alterations  will  probably  yet 
take  place  in  several  articles.  Although  it  is  uncertain, 
yet  it  is  not  altogether  improbable,  that  Lord  Grenville  and 
myself  may  agree  on  terms  which,  in  my  opinion,  should 
not  be  rejected.  In  that  case,  I  shall  be  strongly  induced 
to  conclude,  rather  than  by  delays  risk  a  change  of  views, 
and  measures,  and  ministers,  which  unforeseen  circum 
stances  might  occasion. 

"  The  secretary's  letter,  by  Mr.  Monroe,  and  the  speech 
of  the  latter  to  the  Convention,  are  printed,  and  have 
caused  a  disagreeable  sensation  on  the  public  mind  here, 
and  probably  on  that  of  the  government.  The  one  written 
by  you  is  spoken  of  as  being  within  the  limits  of  diplomatic 
forms. 

"  Gentlemen,  whether  in  or  out  of  office,  are  doubtless 


LIFE    OF   JOHN   JAY.  339 

free  in  their  affections  or  predilections  for  persons  or  na 
tions  ;  but  as  the  situation  of  the  United  States  is  neutral, 
so  also  should  be  their  language  to  the  belligerent  powers. 
Neither  can  it  be  proper  to  adopt  any  mode  of  pleasing  one 
party  that  would  naturally  be  offensive  to  the  other ;  and 
more  particularly  at  a  time  when  with  that  other  a  nego 
tiation  for  peace,  commerce,  and  friendship  is  pending. 

"  To  be  fair,  upright,  and  prudent,  is  to  be  politic ;  and 
of  the  truth  of  this  maxim,  your  character,  and  very  singu 
lar  degree  of  respectability,  weight,  and  reputation,  afford 
the  strongest  proof. 

"  I  learn  that  Virginia  is  escheating  British  property,  and 
I  hear  of  other  occurrences  which  I  regret ;  but  they  shall 
not  abate  my  perseverance  in  endeavouring  to  prosecute 
peace,  and  bring  the  negotiation  to  such  a  conclusion  as 
will  either  ensure  peace  with  this  country,  or  produce 
union  among  ourselves  in  prosecuting  war  against  it. 
Whatever  may  be  the  issue,  I  am  determined  not  to  lose 
the  only  satisfaction  that  I  can  be  sure  of,  viz.,  the  satisfac 
tion  resulting  from  a  consciousness  of  having  done  my 
duty. 

"  That  attempts  will  be  made  in  America  to  frustrate  this 
negotiation,  I  have  not  the  most  distant  shadow  of  a  doubt. 
I  brought  this  belief  and  opinion  with  me  ;  and  my  depend 
ence  then  was,  and  still  is,  on  the  wisdom,  firmness,  and 
integrity  of  the  government ;  on  the  general  good  sense  of 
our  people  ;  and  on  those  enlightened  and  virtuous  charac 
ters  among  them  who  regard  the  peace,  honour,  and  wel 
fare  of  their  country  as  primary  objects.  These  men  re 
gret  the  differences  which  subsist  between  this  country  and 
their  own,  and  sincerely  desire  to  see  mutual  animosities 
give  way  to  mutual  good-will.  As  to  a  political  connexion 
with  any  country,  I  hope  it  will  never  be  judged  necessary, 
for  I  very  much  doubt  whether  it  would  ultimately  be 
found  useful ;  it  would,  in  my  opinion,  introduce  foreign 
influence,  which  I  consider  as  the  worst  of  political  plagues. 


340  LIFE    OP   JOHN   JAY. 

"With  the  best  wishes  for  your  health  and  happiness, 
and  with  perfect  respect,  esteem,  and  attachment, 

"  I  am,  dear  sir, 
"  Your  most  obedient  and  obliged  servant, 

"JOHN  JAY." 

A  few  days  after  the  treaty  had  been  signed,  the  follow 
ing  private  letter  was  written  to  Lord  Grenville,  in  answer 
to  a  confidential  one  from  his  lordship. 

"  TO    LORD    GRENVILLE. 

"  Royal  Hotel,  Pallmall,  22d  Nov.,  1794. 
"  MY  LORD, 

"  I  have  had  the  pleasure  of  receiving  the  letter  which 
your  lordship  did  me  the  honour  to  write  yesterday,  enclos 
ing  a  copy  of  one  that  you  had  written  to  Mr.  Hammond.* 
Marks  of  confidence  from  those  who  merit  it  are  grateful 
to  the  human  mind  ;  they  give  occasion  to  inferences  which 
by  soothing  self-love  produce  agreeable  emotions. 

"  Being  aware  that  our  mutual  efforts  to  restore  good- 
humour  and  good-will  between  our  two  countries  should 
be  continued  beyond  the  date  of  the  treaty,  I  am  happy 
that  our  sentiments  in  this  respect  coincide. 

"  The  letters  I  have  written  to  America  with  the  two 
copies  of  the  treaty,  which  are  already  despatched,  leave 
me  little  to  add  on  the  subject  of  your  lordship's  letter ; 
they  are  indeed  concise,  for  I  had  not  time  to  amplify; 
they  will  be  followed  by  others  less  general  and  more 
pointed.  There  are  men  among  us  to  whom  these  ideas 
will  be  familiar,  and  who  will  not  omit  to  disseminate  them. 
Their  opinions  and  example  will  have  influence,  but  it  will 
be  progressive,  not  sudden  and  general. 

"  The  storm,  I  hope  and  believe,  will  soon  cease ;  but  the 
agitation  of  the  waters  will  naturally  take  some  time  to 

*  The  British  minister  in  the  United  State*. 


LIFE    OF   JOHN   JAY.  341 

subside ;  no  man  can  with  effect  say  to  them,  *  Peace,  be 
still.'  By  casting  oil  upon  them,  they  will  doubtless  be  the 
sooner  calmed.  Let  us  do  so. 

"  I  have  a  good  opinion  of  Mr.  Hammond ;  nay,  more, 
I  really  wish  him  well:  the  asperities,  however,  which 
have  taken  place,  lead  me  to  apprehend  that  official  darts 
have  frequently  pierced  through  the  official  characters  and 
wounded  the  men.  Hence  I  cannot  forbear  wishing  that 
Mr.  Hammond  had  a  better  place,  and  that  a  person  well 
adapted  to  the  existing  state  of  things  was  sent  to  succeed 
him. 

"  My  lord,  I  make  this  remark  on  the  most  mature  reflec 
tion,  and  found  it  on  those  active  principles  in  human  nature 
which,  however  they  may  be  repressed,  cannot  easily  be 
rendered  dormant,  except  in  cases  of  greater  magnanimity 
than  prudence  will  usually  allow  us  to  calculate  upon. 

"  It  is  not  without  reluctance  that  I  give  this  remark  a 
place  in  this  letter.  I  class  Mr.  Hammond  among  those 
who  I  think  are  friendly  to  me.  I  have  experienced  his 
attentions  and  hospitality :  not  an  unkind  idea  respecting 
him  passes  in  my  mind.  Public  and  common  good  is  my 
object  and  my  motive. 

"  That  official  letters  and  documents  have  been  prema 
turely  and  improperly  published  in  America  is  evident.  I 
have  not  been  sparing  of  animadversions  on  this  head,  and 
flatter  myself  that  more  circumspection  will  in  future  be 
used. 

"  The  consuls  and  other  public  officers  and  agents  in  the 
two  countries  will  have  it  much  in  their  power  (especially 
in  America,  from  the  nature  of  the  government  and  state 
of  society)  to  promote  or  to  check  the  progress  of  con 
ciliation  and  cordiality. 

"  I  have  but  imperfect  knowledge  of  those  now  in  the 
United  States,  except  Sir  John  Temple,  whose  conduct 
and  conversation  appeared  to  be  conciliatory.  I  have  been 
informed  very  explicitly  that  Mr.  *********,  the  consul 


342  LIFE    OF   JOHN   JAY. 

in  Virginia,  is  not  esteemed,  and  that  his  private  character 
is  far  from  being  estimable.  I  mention  this  as  meriting 
inquiry. 

"  There  being  no  French  merchant  ships  in  the  American 
seas,  the  privateers  must  either  prey  on  neutral  vessels  or 
return  without  spoil.  Hence  they  become  exposed  to 
temptations  not  easy  for  them  to  resist. 

"  The  privateers  of  two  hostile  nations  have  no  desire  to 
seek  and  to  fight  each  other.  Between  mere  birds  of  prey 
there  are  few  conflicts.  If  they  were  recalled,  their  crews 
might  be  usefully  employed  in  ships  of  war  or  of  commerce. 
Pardon  the  liberty  of  these  hints,  they  occurred  to  me,  and 
I  let  my  pen  run  on — perhaps  too  far. 

"  Permit  me  to  assure  you,  my  lord,  that  my  endeavours 
to  cultivate  amity  and  good- will  between  our  countries  and 
people  shall  continue  unremitted ;  and  that  they  will  not 
cease  to  be  animated  by  your  lordship's  co-operation.  To 
use  an  Indian  figure,  may  the  hatchet  be  henceforth  buried 
for  ever,  and  with  it  all  the  animosities  which  sharpened, 
and  which  threatened  to  redden  it.  With  the  best  wishes 
for  your  happiness,  and  with  real  esteem  and  regard, 

"  I  am,  my  lord, 
"  Your  lordship's  most  obedient  servant, 

"JOHN  JAY." 

Mr.  Jay's  old  friend  and  fellow-student,  Lindley  Murray, 
was  at  this  time  residing  at  York.  The  engagements  of 
the  one,  and  the  ill-health  of  the  other,  prevented  them  from 
meeting,  but  their  mutual  esteem  led  to  a  correspondence, 
from  which  the  following  are  extracts. 

"TO    JOHN    JAY. 

"York,  15th  of  7th  mo.,  1794. 

"  When  I  first  heard  of  the  commission  of  my  much 
esteemed  friend,  John  Jay,  as  envoy  extraordinary  to  the 
British  court,  I  rejoiced  in  the  prospect  which  his  known 


LIFE    OF   JOHN   JAY.  343 

abilities,  integrity,  and  benevolence  afforded,  of  a  speedy 
and  happy  dispersion  of  those  clouds  of  hostility  which  have 
been  for  some  time  gathering,  and  which  seemed  of  late 
ready  to  involve  the  two  countries  in  confusion  and  distress. 
I  hope  I  shall  be  excused  when  I  say,  that  I  do  not  know 
any  other  person  in  America  whose  appointment  to  this 
high  office  would  have  given  me  so  much  satisfaction,  and 
promised  so  successful  an  issue ;  and  I  believe  that  these 
sentiments  are  not  merely  the  effusions  of  an  early  admira 
tion  of  his  talents  but  virtues,  but  of  the  most  sincere  and 
respectful  attachment. 

"  It  is  the  earnest  wish  of  my  heart,  that  thy  labours  may 
be  happily  crowned,  and  that  by  them  the  inestimable  bless 
ings  of  peace  and  brotherly  intercourse  may  be  preserved 
and  established  on  a  permanent  foundation. 

"  I  trust,  too,  that  the  consciousness  of  this  benevolent 
and  Christian  work  will,  amid  many  other  charities  of  life, 
frequently  rise  in  grateful  and  self-approving  remembrance, 
and,  if  a  day  of  affliction  should  come,  will  furnish  a  cor 
dial  of  the  most  sovereign  virtue,  the  recollection  of  having 
been  the  means  of  preventing  the  destruction  of  thousands, 
and  of  promoting  the  harmony  and  happiness  of  millions  of 
thy  fellow-creatures. 

"  I  have  but  one  wish  more  to  express  on  this  subject, 
which  is,  that  when  thou  hast  been  happily  instrumental  in 
removing  every  cause  of  uneasiness  and  discord  between 
Great  Britain  and  America,  thou  mayst  find  thyself  author 
ized  to  tender  the  mediation  of  America  to  the  present  bel 
ligerent  powers,  for  stopping  the  effusion  of  human  blood, 
and  terminating  the  calamities  of  a  most  ferocious  and  deso 
lating  war.  To  be  an  instrument  in  accomplishing  a  deed 
so  extensively  beneficent  must,  if  virtue  so  exalted  needed 
any  accession  of  happiness,  be  contemplated  and  applauded 
by  the  wise  and  good  to  the  latest  period  of  time. 

"  But,  whatever  may  be  the  issue  of  thy  present  negotia 
tion,  or  however  disproportionate  may  be  thy  commission 


344  LIFE    OP   JOHN    JAY. 

to  the  extent  of  thy  benevolence,  thou  wilt  always  have  the 
esteem  and  regard  of  one  who,  though  indeed  his  esteem  and 
regard  are  of  very  little  consequence,  could  not  withhold  this 
testimony  of  his  respectful  remembrance,  and  who  takes  the 
liberty  of  subscribing  himself 

"  Thy  affectionately  attached  friend, 

"LINDLEY  MURRAY. 

"  P.  S.  Had  it  been  in  my  power  to  travel  as  far  as  Lon 
don,  I  should  have  gone  with  pleasure,  on  this  occasion,  to 
pay  my  respects  to  thee  in  person ;  but  I  am  in  a  very 
feeble  state,  and  unable  to  go  from  home  more  than  a  few 
miles  each  day,  for  the  benefit  of  exercise  ;  so  that  I 
cannot  procure  myself  that  satisfaction.  I  have  also  for 
some  time  been  deprived  of  the  usual  exertion  of  my  voice, 
and  can  converse  scarcely  above  a  whisper ;  but,  notwith 
standing  this,  it  would  be  a  peculiar  gratification,  if  the 
course  of  thy  travels  should  include  York,  to  have  the  fa 
vour  of  seeing  thee  and  enjoying  thy  company  at  my  house 
during  thy  stay  in  this  city.  Some  years  since,  I  took  the 
liberty  of  requesting  thy  acceptance  of  a  small  compilation 
which  I  had  then  published,  and  which  I  suppose  thou  re 
ceived.  I  have  lately  revised  and  enlarged  that  collection, 
and,  though  I  think  it  scarcely  worth  thy  attention,  yet,  as 
thou  hast  seen  the  first  edition,  I  hope  it  will  not  be  deemed 
an  intrusion  to  beg  thy  acceptance  of  a  copy  of  this  last 
impression." 

"TO    LINDLEY    MURRAY. 

"  Royal  Hotel,  Pallmall,  22d  August,  1794. 

"  DEAR  SIR, 

"  I  thank  you  very  sincerely  for  the  kind  letter  you  was 
so  obliging  as  to  write  me  on  the  15th  of  this  month.  The 
sentiments  of  esteem  and  regard  which  are  expressed  in  it 
afford  additional  inducements  to  my  endeavours  to  deserve 
them. 


LIFE    OF   JOHN   JAY.  345 

"  To  see  things  as  being  what  they  are,  to  estimate  them 
aright,  and  to  act  accordingly  are  of  all  attainments  the 
most  important.  Circumstanced  as  we  are,  it  is  exceedingly 
difficult  to  acquire  either  of  these,  and  especially  the  last, 
in  any  eminent  degree  ;  but  in  proportion  to  our  progress, 
so  will  be  our  wisdom  and  our  prospect  of  happiness. 

"  I  perceive  that  we  concur  in  thinking  that  we  must  go 
home  to  be  happy,  and  that  our  home  is  not  in  this  world. 
Here  we  have  nothing  to  do  but  our  duty,  and  by  it  to  reg 
ulate  our  business  and  our  pleasures ;  for  there  are  inno 
cent  as  well  as  vicious  pleasures,  and  travellers  through  the 
world  (as  we  all  are)  may,  without  scruple,  gratefully  enjoy 
the  good  roads,  pleasant  scenes,  and  agreeable  accommoda 
tions  with  which  Providence  may  be  pleased  to  render  our 
journey  more  cheerful  and  comfortable ;  but  in  search  of 
these  we  are  not  to  deviate  from  the  main  road,  nor,  when 
they  occur,  should  we  permit  them  to  detain  or  retard  us. 
The  theory  of  prudence  is  sublime  and  in  many  respects 
simple.  The  practice  is  difficult ;  and  it  necessarily  must 
be  so,  or  this  would  cease  to  be  a  state  of  probation. 

"  The  sentiments  diffused  through  your  book  are  just, 
striking,  and  useful ;  but,  my  good  friend,  our  opinions  are 
oftener  right  than  our  conduct.  Among  the  strange  things 
of  this  world,  nothing  seems  more  strange  than  that  men 
pursuing  happiness  should  knowingly  quit  the  right  and 
take  a  wrong  road,  and  frequently  do  what  their  judgments 
neither  approve  nor  prefer.  Yet  so  is  the  fact ;  and  this 
fact  points  strongly  to  the  necessity  of  our  being  healed,  or 
restored,  or  regenerated  by  a  power  more  energetic  than 
any  of  those  which  properly  belong  to  the  human  mind. 

"  We  perceive  that  a  great  breach  has  been  made  in  the 
moral  and  physical  systems  by  the  introduction  of  moral 
and  physical  evil ;  how  or  why,  we  know  not ;  so,  however, 
it  is,  and  it  certainly  seems  proper  that  this  breach  should 
be  closed  and  order  restored.  For  this  purpose  only  one 
adequate  plan  has  ever  appeared  in  the  world,  and  that  is 

VOL.  I. Y  Y 


346  LIFE    OF    JOHN    JAY. 

the  Christian  dispensation.  In  this  plan  I  have  full  faith. 
Man,  in  his  present  state,  appears  to  be  a  degraded  crea 
ture  ;  his  best  gold  is  mixed  with  dross,  and  his  best  mo 
tives  are  very  far  from  being  pure  and  free  from  earth  and 
impurity. 

"  I  mention  these  things  that  you  may  see  the  state  of 
my  mind  relative  to  these  interesting  subjects,  and  to  re 
lieve  yours  from  doubts  which  your  friendship  for  me  might 
render  disagreeable. 

"  I  regret  your  want  of  health  and  the  bodily  afflictions 
with  which  you  are  visited.  God  only  knows  what  is  best. 
Many  will  have  reason  to  rejoice,  in  the  end,  for  the  days 
wherein  they  have  seen  adversity.  Your  mind  is  in  full 
strength  and  vigour,  and  that  is  an  inestimable  blessing. 

"  It  really  would  give  me  great  pleasure  to  visit  you  be 
fore  I  return ;  but  I  dare  not  promise  myself  that  satisfac 
tion,  being  so  much  and  so  constantly  under  the  direction 
of  circumstances  which  I  cannot  control. 

"  As  to  the  wars  now  waging,  they  appear  to  me  to  be 
of  a  different  description  from  ordinary  ones.  They  are, 
in  my  opinion,  as  unlike  common  wars  as  the  great  plague 
in  London  was  unlike  common  sicknesses.  I  think  we  are 
just  entering  on  the  age  of  revolutions,  and  that  the  impuri 
ties  of  our  moral  at?nosphere  (if  I  may  use  the  expression) 
are  about  to  be  purified  by  a  succession  of  political  storms. 
I  sincerely  wish  for  general  peace  and  good-will  among 
men,  but  I  shall  be  mistaken  if  (short  intervals  excepted)  the 
season  for  those  blessings  is  not  at  some  distance.  If  any 
country  escapes,  I  am  inclined  to  think  it  will  be  our  own  ; 
and  I  am  led  to  this  opinion  by  general  principles  and  rea 
sonings,  and  not  by  particular  facts  or  occurrences,  some  of 
which  so  strongly  favour  a  contrary  idea  as  to  produce  in 
my  mind  much  doubt  and  apprehension. 
"  I  am,  dear  sir, 

"  Your  affectionate  friend, 
"JOHN  JAY." 


LIFE    OF   JOHN    JAY.  347 

The  delicate  state  of  Mr.  Jay's  health  induced  him  to 
avoid  the  exposure  of  a  winter's  voyage,  and  to  postpone 
his  return  till  the  ensuing  spring.  His  character,  manners, 
and  the  successful  issue  of  his  negotiation  procured  for  him 
very  general  attention,  and  the  returning  good-will  of 
Britain  towards  the  United  States  seemed  to  manifest  itself 
in  civilities  to  their  representative. 

Lord  Grenville,  on  the  conclusion  of  the  treaty,  in  con 
formity  with  the  practice  of  his  court,  gave  orders  for  a 
snuff-box  with  the  king's  miniature  set  in  diamonds,  as  a 
present  to  the  American  negotiator. 

"TO   JOHN   JAY. 

"London,  10th  April,  1795, 

"  MY  DEAR  SIR, 

"  In  answer  to  the  question  you  have  proposed  to  me, 
concerning  the  propriety  of  the  diplomatic  agents  of  the 
United  States  receiving  from  the  court  to  which  they  have 
been  sent  the  present  which  it  is  customary  to  offer  them 
at  the  conclusion  of  their  mission ;  I  have  to  inform  you 
that  before  I  left  America  I  had  a  conversation  with  Mr. 
Jefferson,  then  secretary  of  state,  on  this  subject,  and  that 
it  was  his  opinion  that  the  present  might  with  propriety  be 
received.  The  reasons  in  support  of  this  opinion  are  prin 
cipally  these, — that  the  acceptance  of  the  present  can  have 
no  influence  on  the  conduct  of  the  minister  (which  it  is  to 
be  presumed  the  article  of  the  constitution  means  to  guard 
against),  because  it  is  given  indiscriminately  to  all  foreign 
ministers  ;  that  it  is  of  equal  value  to  all  of  the  same  rank, 
whether  their  conduct  has  been  pleasing  or  otherwise  to 
the  court  to  which  they  have  been  delegated ;  that  it  is  only 
given  at  the  conclusion  of  their  mission ;  that  it  may  be 
placed  on  the  same  footing  with  the  privileges,  received 
by  all  foreign  ministers,  of  exemption  from  the  payment  of 
duties  on  the  importation  of  certain  articles  for  their  use  ; 
that  it  may  be  considered  in  the  nature  of  a  retribution  for 


348  LIFE    OP   JOHN   JAY. 

the  Christmas-boxes,  and  other  customary  perquisites  which 
it  is  usual  for  foreign  ministers  to  give  to  the  inferior  attend 
ants  of  the  sovereign  at  whose  court  they  reside  ;  that  the 
refusal  might  be  considered  as  an  offensive  peculiarity  in 
the  ministers  of  the  United  States  ;  that  it  has  hitherto  been 
received  by  our  ministers  at  foreign  courts,  notwithstanding 
the  article  in  the  old  confederation,  similar  to  that  in  our 
present  constitution  ;  and  lastly,  that  it  is  an  established 
custom  with  our  government  to  make  similar  presents  to 
the  ministers  of  foreign  powers  delegated  to  them. 

"  Here  are  more  reasons,  my  dear  sir,  than  an  object  of 
so  little  importance  seems  to  merit  :  you  will,  however, 
shortly  have  an  opportunity  of  knowing  the  present  sen 
timents  of  our  government  on  the  subject,  which  you 
will  oblige  me  by  communicating  for  the  direction  of  my 
conduct. 

"  Believe  me  to  be,  with  the  sincerest  esteem  and  true 
respect, 

"  My  dear  sir, 
"  Your  faithful  and  obedient  servant, 

.  PlNCKNEY." 


Notwithstanding  these  arguments,  Mr.  Jay  resolved  to 
be  governed  by  the  letter  of  the  constitution,  and  declined 
the  proffered  present. 

Various  considerations  at  this  period  united  in  prompting 
many  discontented  politicians  and  adventurous  spirits  in 
Great  Britain,  to  abandon  the  country  of  their  birth,  and  to 
seek  a  home  in  the  United  States.  It  was  natural  that 
such  persons  should  ask  from  the  American  minister  advice 
and  information  relative  to  their  proposed  removal,  and 
accordingly  numerous  applications  were  made  to  him  by 
persons  in  England,  and  by  some  in  Ireland.  The  follow 
ing  letter  will  suffice  to  show  the  course  he  pursued  on 
these  occasions. 


LIFE    OP   JOHN    JAY.  349 

"  TO    MR.    CRAWLEY. 

«  Royal  Hotel,  Pallmall,  28th  Oct.,  1794. 

«  SIR, 

"  I  was  this  morning  favoured  with  yours  of  the  13th  of 
this  month,  requesting  information  and  advice  relative  to 
the  United  States. 

"  It  is  natural,  that  as  you  purpose  to  remove  to  America, 
you  should  be  anxious  to  obtain  advice  and  information  on 
which  you  could  depend  ;  and  I  would  with  pleasure  com 
ply  with  your  request,  if  I  was  not  restrained  by  the  duties 
incident  to  my  situation  here. 

"  A  public  minister,  received  and  protected  by  the  gov 
ernment  to  which  he  is  sent,  and  enjoying  the  particular 
privileges  annexed  to  his  function,  ought  to  abstain  from 
intermeddling  in  the  affairs  of  the  country,  and  from  pro 
moting  any  measures  disagreeable  to  the  government. 

"  There  is  reason  to  suppose  that  emigrations  to  America 
are  among  the  number  of  these  measures,  and  therefore  it 
would  not  be  proper  for  me  to  have  any  agency  in  facili 
tating  them :  for  these  reasons  I  make  it  a  general  rule  not 
to  encourage  nor  discourage  emigrations,  but  to  be  entirely 
passive. 

"  I  flatter  myself  you  will  perceive  the  prudence  and  pro 
priety  of  this  conduct,  and  be  persuaded  that  I  would  other 
wise  do  you  the  friendly  service  you  request,  cheerfully  and 
without  hesitation. 

"  Your  humble  servant, 

"  JOHN  JAY." 

Mr.  Jay's  good  offices  were  frequently  solicited  by  the 
friends  of  English  prisoners  of  war  in  France,  either  to 
forward  letters  to  them,  or  to  procure  their  liberation ;  and 
in  several  instances  he  had  the  gratification  of  rendering 
his  official  station  subservient  to  the  cause  of  humanity. 


350  LIFE    OP    JOHN    JAY. 


"TO   JAMES    MONROE,    PARIS. 

"  London,  28th  August,  1794. 

"  SIR, 

"In  July,  1792,  Miss  Bainstow,  a  young  lady,  now  of 
seventeen,  and  whose  family  reside  near  this  city,  was 
placed  at  Bologne,  under  the  care  and  in  the  house  of 
Madame  Delseaux,  a  respectable  widow  lady  there,  for 
the  benefit  of  education. 

"  In  September  last  she  was,  together  with  her  friend  and 
fellow-pensioner  Miss  Hornblow,  arrested  and  confined  in 
a  convent. 

"  In  the  January  following  they  were  removed  back  to 
Madame  Delseaux's  house,  where  they  still  remain  confined 
in  the  manner  prescribed  by  the  decree. 

"  Miss  Bainstow's  friends  are  exceedingly  solicitous  to 
interest  your  kind  offices  in  favour  of  these  young  ladies. 
They  entreat  me  to  lay  these  facts  before  you,  and  convey 
their  most  earnest  requests  that  you  will  be  so  good  as  to 
endeavour  to  obtain  permission  for  them  to  return  home. 

"  When  I  consider  what  my  feelings  would  be,  had  I  a 
daughter  of  that  age  so  circumstanced,  I  find  it  impossible 
to  resist  this  application.  I  know  by  experience  that  busi 
ness  not  connected  with  the  objects  of  one's  mission  can 
seldom  be  pleasant.  The  business  of  humanity,  however, 
seems  to  be  attached  to  opportunities  of  doing  it.  I  will 
not  enlarge  on  this  subject ;  every  remark  incident  to  it 
will  occur  to  you.  For  my  part  I  am  not  apprized  of  any 
objection  to  permitting  these  foreign  children  to  go  home  to 
their  parents  ;  and  should  such  a  general  permission  be 
effected  by  your  means,  the  remembrance  of  it  would  be 
sweet  to  you  for  ever. 

"  I  remain,  sir, 
"  Your  most  obedient  and  humble  servant, 

"  JOHN  JAY." 


LIFE    OF   JOHN   JAY.  351 

The  following  correspondence  derives  additional  interest 
from  the  circumstance  that  the  gentleman  and  lady  who 
are  the  subjects  of  it  were  the  brother  and  sister  of  the 
Duke  of  Wellington.* 

"Royal  Hotel,  Pallmall,  22d  September,  1794. 

"  Mr.  Jay  presents  his  compliments  to  Lord  Mornington, 
and  has  the  honour  of  informing  him  that  an  American  gen 
tleman,  in  whom  Mr.  Jay  has  confidence,  purposes  to  go,  in 
the  course  of  this  week,  to  Paris.  Should  his  lordship  wish 
to  honour  this  gentleman  with  any  commands,  Mr.  Jay 
(being  persuaded  they  would  be  cheerfully  received  and 
properly  executed)  will,  with  great  pleasure,  take  the  neces 
sary  measures." 

"TO    JOHN    JAY. 

"  Brighthelmston,  September  25th,  1794. 

"  SIR, 

"  I  return  you  many  thanks  for  the  honour  of  your  note, 
which  I  received  last  night  upon  my  arrival  at  this  place, 
and  I  request  you  to  be  assured  that  I  shall  always  retain 
a  grateful  sense  of  your  humane  attention  to  the  application, 
which  I  took  the  liberty  of  making  to  you  in  favour  of  my 
brother  and  sister. 

"  In  a  matter  of  such  extreme  delicacy,  and  which  is  so 
much  involved  in  difficulties  on  all  sides,  I  had  determined, 
after  our  conversation  at  Dropmore,  to  wait  the  event  of 
your  application  for  the  release  of  the  young  person  de 
tained  at  Boulogne,  and  to  be  guided  by  that  event  with 
respect  to  the  form  of  any  memorial  to  the  French  govern 
ment  with  which  I  might  hereafter  trouble  you,  according 
to  your  kind  permission.  But  the  circumstance  which  you 
mention  in  your  note  seems  to  offer  so  evident  an  advantage, 
and  of  a  nature  so  little  likely  to  recur  within  any  short 

*  Sir  Henry  Wellesley  and  Lady  Fitzroy,  who,  while  on  their  passage 
from  Lisbon  to  England,  were  taken  by  a  French  frigate  and  carried  to 
France,  where  they  were  detained  as  prisoners  of  war. 


352  LIFE    OF   JOHN   JAY. 

time,  that  I  have  determined  not  to  lose  it  by  giving  way 
to  any  further  doubt  or  hesitation.  I  am  convinced  that 
any  gentleman  in  whom  you  have  confidence  must  possess 
all  those  qualities  of  discretion  and  discernment  which  are 
necessary  for  the  conduct  of  such  an  affair.  I  have  there 
fore  written  a  narrative  of  the  misfortunes  of  my  sister  and 
of  my  brother,  with  no  other  observations  than  such  as 
appeared  to  me  to  be  necessary  to  explain  the  peculiar 
hardship  of  their  case.  I  have  translated  this  narrative  into 
French  ;  and  you  will  very  much  add  to  the  kindness  which 
I  have  already  received  from  you,  if  you  will  have  the  good 
ness  to  read  over  these  papers,  and  if  you  find  any  thing 
imprudent  or  superfluous,  to  strike  it  out.  I  would  then 
request  you  to  deliver  these  papers  to  the  gentleman  who 
is  going  to  Paris,  and  to  induce  him  to  exercise  his  judgment 
as  well  on  their  contents  as  on  the  use  to  be  made  of  them 
If  he  thinks  it  useful  to  present  the  French  paper  to  the 
government  at  Paris,  or  if  he  should  be  of  opinion  that  my 
object  would  be  better  attained  by  communicating  the  facts 
relating  to  my  brother  and  sister  in  any  other  mode,  I  should 
wish  him  to  act  entirely  according  to  his  view  of  circum 
stances  upon  the  spot.  If  it  should  unfortunately  happen 
to  be  his  opinion,  that  any  application  in  favour  of  the  pris 
oners  would  only  tend  to  draw  them  into  more  particular 
notice,  and  to  expose  them  to  more  rigorous  treatment,  my 
wish  then  would  be  that  he  should  not  even  mention  their 
names ;  and  painful  as  this  termination  of  my  endeavours 
to  obtain  their  liberty  must  be  to  my  mind,  the  opinion  of  a 
gentleman  of  such  a  character  as  you  describe  will  satisfy 
me  that  the  best  decision  has  been  taken  which  circum 
stances  would  admit. 

"  With  respect  to  the  conditions  which  might  be  annexed 
to  their  liberty,  I  imagine  they  can  be  only  of  two  kinds, — 
either  an  exchange  of  French  prisoners  in  the  place  of  my 
brother  and  sister  and  their  servants,  or  a  pecuniary  con 
sideration  in  the  way  of  ransom.  The  first  would  not  be  a 
matter  of  much  difficulty,  although  it  cannot  be  done  under 


LIFE    OP   JOHN   JAY.  353 

the  authority  of  government ;  but  I  think  it  might  easily  be 
accomplished  through  the  agents  for  prisoners  at  Jersey  or 
Guernsey,  and  at  St.  Malo.  With  regard  to  a  ransom,  I 
am  ready  to  pay  it  if  it  should  not  be  scandalously  exor 
bitant  ;  although  I  cannot  but  say  that  I  think  such  a 
transaction  would  be  highly  disgraceful  to  the  French 
government. 

"If  there  should  appear  a  disposition  to  release  my 
brother  and  sister,  I  should  hope  they  might  be  allowed  to 
freight  a  neutral  ship  at  Brest  for  some  English  port :  this 
would  be  the  safest  as  well  as  the  most  expeditious  mode 
of  returning  home.  But  if  this  should  be  refused,  they 
might  still  be  permitted  to  return  through  Switzerland. 

"  I  trust  you  will  have  the  goodness  to  pardon  the  length 
of  this  detail ;  I  thought  it  necessary  for  the  information  of 
the  gentleman  who  has  the  kindness  to  charge  himself  with 
this  commission ;  and  I  am  persuaded  the  same  sentiment 
of  humanity  which  induced  you  to  give  your  favourable 
attention  to  my  first  application,  will  plead  my  excuse  for 
the  tediousness  of  this  letter. 

"  I  shall  naturally  be  very  anxious  to  learn  the  result  of 
this  affair,  in  which  I  am  so  deeply  interested ;  and  I  hope 
you  will  allow  me  to  have  the  honour  of  paying  my  respects 
to  you  in  London  from  time  to  time  for  that  purpose. 

"  Believe  me,  sir,  with  the  most  sincere  respect  and 
esteem, 

"  Your  much  obliged  and  obedient  servant, 

"  MORNINGTON." 

"  P.  S.  I  have  taken  the  liberty  of  enclosing  with  the 
narrative  a  letter  to  my  brother,  which  I  request  your 
friend  to  put  in  the  post  either  at  Paris  or  anywhere  in 
France.  It  contains  nothing  but  common  family  intelli 
gence,  and  some  expressions  of  surprise  at  the  long  deten 
tion  of  the  two  prisoners.  If  your  friend  could  only  find 

VOL.  I Z  Z 


354  LIFE    OF    JOHN    JAY. 

means  of  obtaining  conveyance  for  a  letter  from  my  brother 
to  me,  it  would  be  a  great  object,  as  I  have  not  heard  from 
him  since  the  10th  of  July.  I  have  carefully  abstained  from 
giving  the  least  hint  in  my  letter  of  the  kindness  of  your 
friend." 

"  No.  3,  Cavendish-square,  ) 
Thursday,  Oct.  2d,  1794.  J 

"  Lady  Mornington  presents  her  respectful  compliments 
to  Mr.  Jay,  and  takes  the  liberty  of  enclosing  a  few  lines 
for  her  daughter,  to  inform  her  that  her  children  and  friends 
are  well.  Lady  Mornington  begs  leave  to  assure  Mr.  Jay, 
that  she  is  most  gratefully  sensible  of  his  humane  attention 
to  Lord  Mornington's  application  respecting  his  brother 
and  sister,  and  she  cannot  resist  giving  way  to  a  hope,  that 
Mr.  Jay's  doing  her  unfortunate  children  the  honour  to 
interest  himself  about  them  may  be  successful." 

"  Mr.  Jay  presents  his  respectful  compliments  to  Lady 
Mornington.  Immediately  on  receiving  the  note  with  which 
her  ladyship  honoured  him  to  day,  he  sent  the  letter  that 
was  enclosed  in  it,  to  the  gentleman  who  is  expected  to 
carry  it  to  France. 

"The  measure  of  arresting  and  confining  all  the  English, 
without  discrimination,  who  were  found  in  France,  indicates 
a  policy  and  a  disposition  unfavourable  to  Lady  Fitzroy's 
liberation.  Whether  the  existing  administration  will,  if  so 
inclined,  find  it  safe  and  prudent  to  relax  in  these  respects 
is  doubtful ;  especially  considering  the  influence  which 
popular  opinions,  jealousies,  and  resentments  frequently 
have  on  popular  chiefs  and  leaders. 

"  Mr.  Jay  forbears,  therefore,  to  flatter  either  Lady  Morn 
ington  or  himself  with  expectations  which,  however  pleas 
ing,  are  too  precarious  to  be  greatly  indulged. 

"  Royal  Hotel,  Pallmall, 
«2dOct.,  1794." 


LIFE    OF   JOHN   JAY.  355 


CHAPTER  X. 
1795-6. 

Mr.  Jay  elected  Governor  in  his  Absence — Arrives  in  New- York — Resigns 
Office  of  Chief  Justice — Opposition  to  the  British  Treaty — Proceedings 
in  the  House  of  Representatives — Comparison  betvfeen  the  British 
Treaty  and  others  subsequently  formed. 

THE  means  used  by  the  democratic  party  in  1792  to 
exclude  Mr.  Jay  from  the  office  of  governor,  to  which  he 
had  been  elected  by  the  people,  produced  a  powerful  re 
action  throughout  the  State,  and  the  party  was  left  in  a 
minority  by  the  elections  of  the  two  succeeding  years. 
The  term  for  which  the  canvassers  had  declared  Mr.  Clin 
ton  to  be  governor  was  now  nearly  expired,  and  the  ap 
proaching  contest  brought  into  vivid  recollection  the  extra 
ordinary  termination  of  the  last.  Mr.  Clinton  thought 
proper  to  retire  from  the  arena,  and  his  partisans  adopted 
Mr.  Yates,  the  chief  justice  of  the  State,  as  their  candidate 
for  the  office. 

Mr.  Jay  was  in  England — the  period  of  his  return  was 
uncertain — he  had  not  been  consulted  as  to  a  second  nomi 
nation — and  it  was  now  too  late  to  ask  his  consent.  Under 
these  circumstances,  prudence  would  perhaps  have  dictated 
to  the  federal  party  the  expediency  of  selecting  another 
candidate,  had  not  the  public  voice  loudly  demanded  that 
the  injustice  he  had  formerly  suffered  should  now  be  re 
paired.  Public  meetings  in  various  parts  of  the  State 
almost  simultaneously  nominated  him  as  the  next  governor. 
In  this  country,  the  nomination  of  a  candidate  for  an  elec 
tive  office  too  generally  makes  him  a  mark  for  the  shafts 


356  LIFE    OF   JOHN    JAY. 

of  calumny.  In  the  present  instance,  it  was  found  difficult 
to  distort  the  truth  into  any  form  that  could  injure  the  repu 
tation  of  the  candidate,  and  his  assailants  were  compelled 
to  resort  to  bold  and  unqualified  falsehood — always  an 
awkward  and  insecure  weapon,  and  in  this  case  perfectly 
harmless.  Mr.  Jay  was  accused  in  the  public  prints  of 
hostility  to  a  representative  government,  and  of  enjoying 
the  confidence  of  the  British  ministry  to  such  a  degree  as 
to  have  been  employed  by  them  to  write  the  last  speech 
from  the  throne  !  On  the  26th  May,  the  ballots  were  can 
vassed,  and  Mr.  Jay  was  declared  to  have  been  elected 
governor  by  a  great  majority.  Two  days  afterward,  he 
landed  at  New-York,  in  the  presence  of  a  large  concourse 
of  the  citizens,  assembled  to  welcome  their  new  governor, 
and  to  hail  the  envoy  whose  successful  mission  promised 
peace  to  his  country.  The  crowd  attended  him  to  his 
dwelling,  and  the  ringing  of  bells  and  firing  of  cannon 
evinced  the  joy  his  arrival  had  inspired. 

Mr.  Jay's  consent  to  his  first  nomination  was  founded  on 
his  disapprobation  of  the  policy  pursued  by  Governor  Clin 
ton,  and  his  conviction  that  the  public  good  required  a 
change  in  the  administration  of  the  government.  As  that 
gentleman  had  now  retired,  it  is  doubtful  whether  Mr.  Jay 
would  have  felt  himself  bound  to  accept  the  honour  con 
ferred  upon  him,  had  circumstances  left  him  at  liberty  to 
decline  it.  It  is  true  he  had  been  elected  without  his  con 
sent  or  knowledge  ;  but  the  fact  that  he  had  once  permitted 
himself  to  be  nominated,  the  mode  in  which  his  former  elec 
tion  had  been  defeated,  the  renewed  expression  of  the  con 
fidence  of  the  people,  and  the  embarrassments  which  would 
result  from  a  vacancy  in  the  executive  department,  all 
combined  to  indicate  the  course  proper  for  him  to  pur 
sue,  He  accordingly  resigned  his  seat  on  the  bench  of 
the  supreme  court,  and  on  the  1st  of  July  took  the  oath  of 
office  as  Governor  of  the  State  of  New- York.  Before  we 


LIFE    OF   JOHN    JAY.  357 

follow  him  in  this  new  career  we  will  notice  the  opposition 
his  treaty  encountered  in  America,  and  its  final  triumph. 

We  have  already  adverted  to  the  hostility  towards  Eng 
land  prevailing  in  the  United  States  at  the  time  of  Mr.  Jay's 
departure.  As  this  hostility  was  founded  on  other  grounds 
than  the  conduct  of  that  country,  so  it  was  not  to  be  pro 
pitiated  by  any  concessions  or  reparations  she  might  be 
induced  to  make.  A  just  and  honourable  treaty,  as  it  would 
of  course  remove  all  pretexts  for  a  war  with  Great  Britain, 
was  both  feared  and  deplored  by  a  numerous  and  power 
ful  party.  Hence  great  pains  were  early  taken  to  secure 
the  rejection  of  the  treaty,  whatever  it  might  be.  It  was 
understood  in  the  United  States,  in  the  month  of  February, 
that  a  treaty  had  been  signed,  but  the  instrument  itself  did 
not  reach  the  president  till  the  5th  of  March,  nor  were  its 
contents  publicly  known  till  the  2d  of  July.  It  was  certainly 
an  awkward  task  to  oppose  a  treaty  without  knowing  a 
word  it  contained ;  but  it  was  a  task  that  was  cheerfully 
and  zealously  performed  ;  and  the  whole  period  of  suspense 
was  occupied  in  laying  a  train  which  should  explode  and 
destroy  the  treaty,  with  its  author,  the  moment  it  was  pre 
sented  to  the  public. 

A  few  specimens  of  the  logic  employed  by  the  democratic 
journals  and  pamphleteers  against  the  unknown  treaty  will 
help  to  exhibit  the  temper  of  the  times. 

~  "  Americans,  awake  !  Remember  what  you  suffered 
during  a  seven  years'  war  with  the  satellites  of  George  the 
Third  (and  I  hope  the  last).  Recollect  the  services  ren 
dered  by  your  allies,  now  contending  for  liberty.  Blush,  to 
think  that  America  should  degrade  herself  so  much  as  to 
enter  into  any  kind  of  treaty  with  a  power  now  tottering  on 
the  brink  of  ruin,  whose  principles  are  directly  contrary  to 
the  spirit  of  republicanism." 

"  The  United  States  are  a  republic.     Is  it  advantageous 

to  a  republic  to  have  a  connexion  with  a  monarch  ?     Trea- 


358  LIFE    OF    JOHN    JAY. 

ties  lead  to  war,  and  war  is  the  bane  of  a  republican  gov 
ernment.  If  the  influence  of  a  treaty  is  added  to  the  influ 
ence  which  Great  Britain  has  already  in  our  government, 
w#-sha"ft  be  colonized  anew." 

"  Commercial  treaties  are  an  artificial  means  to  obtain  a 
natural  end — they  are  the  swathing-bands  of  commerce 
that  impede  the  free  operations  of  nature.  Treaties  are 
like  partnerships ;  they  establish  intimacies  which  some 
times  end  in  profligacy,  and  sometimes  in  ruin  and  bank 
ruptcy,  distrust,  strife,  and  quarrel." 

"  No  treaty  ought  to  have  been  made  with  Great  Britain, 
for  she  is  famed  for  perfidy  and  double-dealing ;  her  polar 
star  is  interest ;  artifice  with  her  is  a  substitute  for  nature. 
To  make  a  treaty  with  Great  Britain  is  forming  a  con 
nexion  with  a  monarch ;  and  the  introduction  of  the  fashions, 
forms,  and  precedents  of  monarchical  governments  has  ever 
accelerated  the  destruction  of  republics." 

"  If  foreign  connexions  are  to  be  formed,  they  ought  to 
be  made  with  nations  whose  influence  would  not  poison  the 
fountain  of  liberty,  and  circulate  the  deleterious  streams  to 
the  destruction  of  the  rich  harvest  of  our  revolution. 
FRANCE  is  our  natural  ally ;  she  has  a  government  conge 
nial  with  our  own.  There  can  be  no  hazard  of  introducing 
from  her  principles  and  practices  repugnant  to  freedom. 
That  gallant  nation,  whose  proffers  we  have  neglected,  is 
the  sheet-anchor  that  sustains  our  hopes ;  and  should  her 
glorious  exertions  be  incompetent  to  the  great  object  she 
has  in  view,  we  have  little  to  flatter  ourselves  with  from  the 
faith,  honour,  or  justice  of  Great  Britain.  The  nation  on 
whom  our  political  existence  depends  we  have  treated  with 
indifference,  bordering  on  contempt.  Citizens,  your  only 
security  depends  on  FRANCE,  and  by  the  conduct  of  your 
government  that  security  has  become  precarious." 

"  To  enter  into  a  treaty  with  Great  Britain  at  the  moment 
when  we  have  evaded  a  treaty  with  France ;  to  treat  with  an 


LIFE    OF   JOHN   JAY.  359 

enemy  against  whom  France  feels  an  implacable  hatred,  an 
enemy  who  has  neglected  no  means  to  desolate  that  country 
and  crimson  it  with  blood,  is  certainly  insult.  Citizens 
of  America,  sovereigns  of  a  free  country,  your  hostility  to 
the  French  republic  has  been  spoken  of  in  the  National 
Convention,  and  a  motion  for  an  inquiry  into  it,  has  been 
only  suspended  from  prudential  motives — the  book  of 
account  may  soon  be  opened  against  you.  What  then, 
alas,  will  be  your  prospects !  To  have  your  friendship 
questioned  by  that  nation  is  indeed  alarming  !" 

The  democratic  societies  were  likewise  active  in  exciting 
opposition  to  the  treaty,  and  in  preparing  the  public  mind  for 
war  with  England,  and  an  alliance  with  France.  A  society 
in  Virginia  thus  announced  its  wishes  :  "  Shall  we  Ameri 
cans,  who  have  kindled  the  spark  of  liberty,  stand  aloof  and 
see  it  extinguished  when  burning  a  bright  flame  in  France, 
which  hath  caught  it  from  us  ?  If  all  tyrants  unite  against 
free  people,  should  not  all  free  people  unite  against  tyrants  ? 
Yes,  let  us  unite  with  France,  and  stand  or  fall  together." 

The  Massachusetts  society  addressed  all  the  democratic 
societies  in  the  Union,  declaring  its  opinion  that  the  political 
interests  of  France  and  the  United  States  were  "  one  and 
indivisible." 

The  Pennsylvania  society  exhorted  that  of  New- York  to 
be  ready  to  oppose  the  treaty  if  its  contents,  when  known, 
should  be  found  dishonourable  to  the  country — a  proviso 
that  might  have  been  spared,  after  it  had  been  settled  that 
the  very  act  of  treating  with  Great  Britain  was,  of  itself, 
dishonourable. 

The  Senate  assembled  on  the  8th  of  June,  and  the  treaty 
was  submitted  to  them.  On  the  24th  they  advised  the 
president  to  ratify  it,  with  the  exception  of  the  12th  article, 
relating  to  the  West  India  trade. 

As  yet  the  contents  of  the  treaty,  as  propriety  required 
before  its  ratification,  had  been  kept  secret ;  but  on  the  29th 


360  LIFE    OP   JOHN    JAY. 

of  June  a  senator  from  Virginia,  regardless  both  of  the  rules 
of  the  Senate  and  of  official  decorum,  sent  a  copy  of  it  to  a 
democratic  printer  in  Philadelphia,  who  published  it  on  the 
2dof  July.  This  act  was  applying  the  torch  to  that  vast 
mass  of  combustibles  which  the  party  had  long  been  engaged 
in  collecting,  and  the  intended  explosion  instantly  followed. 
On  the  4th  a  great  mob  assembled  and  paraded  the  streets 
with  an  effigy  of  Mr.  Jay  bearing  a  pair  of  scales,  one 
labelled  "American  Liberty  and  Independence,"  and  the 
other,  which  was  in  extreme  depression,  "  British  Gold ;" 
while  from  the  mouth  of  the  figure  proceeded  the  words, 
"  Come  up  to  my  price,  and  I  will  sell  you  my  Country." 
The  effigy  was  afterward  publicly  committed  to  the  flames. 
No  time  was  lost  in  getting  up  meetings  throughout  the 
country  to  denounce  the  treaty,  and  in  many  instances, 
inflammatory  resolutions,  previously  prepared,  were  adopted 
by  acclamation,  without  examination  or  discussion.  It  was 
easy  to  discover  defects  in  a  treaty  which  had  been  con 
demned  before  it  was  known. 

Frequently  the  meetings  were  tumultuous,  and  were 
obviously  assembled  for  other  purposes  than  the  avowed 
one  of  deliberating  on  the  treaty.  Such  was  the  case  par 
ticularly  with  one  held  in  the  city  of  New-York.  It  was 
convened  in  the  open  air,  and  numerously  attended.  Alex 
ander  Hamilton,  the  late  secretary  of  the  treasury,  attempted 
to  address  the  meeting  in  vindication  of  the  treaty,  but  the 
orator  was  answered  with  stones.  The  mob,  after  adopting 
the  resolutions  prepared  by  their  leaders,  marched  wTith  the 
American  and  French  colours  flying,  to  a  place  opposite  the 
government-house,  the  residence  of  Governor  Jay,  and  there 
burned  the  treaty. 

A  similar  meeting  was  held  at  Philadelphia,  and  after 
passing  their  resolutions,  the  people  repaired  to  the  houses 
of  the  British  minister,  the  British  consul,  and  Mr.  Bingham, 
a  senator,  and  at  each  place  burned  a  copy  of  the  treaty. 


LIFE   OF  JOHN   JAY.  361 

In  the  mean  time  the  democratic  journals  abounded  in  the 
most  virulent  and  indecent  invectives  against  the  treaty.* 

The  object  of  all  this  violence  was  to  intimidate  the 
president  from  ratifying  the  treaty  in  pursuance  of  the 
advice  of  the  Senate.  Washington's  habitual  caution  led 
him  to  pause,  and  carefully  to  weigh  the  arguments  on 
each  side.  This  apparent  hesitation  flattered  the  enemies 
of  the  treaty  with  hopes  that  they  would  ultimately  bend 
him  to  their  will,  and  stimulated  them  to  perseverance. 
Two  circumstances  at  this  time  tended  to  excite  the  pe 
culiar  hostility  of  the  democratic  party  against  Mr.  Jay. 
His  successive  triumphs  over  the  party  in  New-York  had 
imbittered  their  feelings  towards  him,  and  his  recent  eleva 
tion  to  the  chief  magistracy  had  disappointed  their  hope  of 
enlisting  that  important  state  in  the  crusade  they  were 
waging  against  the  federal  government.  It  was  also  feared 
that  he  would,  before  long,  be  selected  for  a  still  more  im 
portant  station,  and  it  was  thought  expedient  to  diminish 
the  chances  of  his  success  by  impeaching  his  conduct  and 
character.  An  orator,  high  in  the  confidence  of  the  party ,f 
declaiming  against  the  treaty,  remarked,  that  if  Mr.  Jay 
"had  not  made  this  public  exposure  of  his  conduct  and 
principles,  he  might  one  day  have  been  brought  forward 
among  others  as  a  candidate  for  our  highest  office ;  but  the 


*  The  following  from  a  Virginia  paper  will  serve  as  a  sample. 

"  NOTICE  is  hereby  given,  that  in  case  the  treaty  entered  into  by  that 
d — n'd  arch-traitor  J — n  Jay  with  the  British  tyrant,  should  be  ratified,  a 
petition  will  be  presented  to  the  next  General  Assembly  of  Virginia  at  their 
next  session,  praying  that  the  said  State  may  recede  from  the  Union,  and 
be  under  the  government  of  one  hundred  thousand  free  and  independent 
Virginians. 

"  P.  S.  As  it  is  the  wish  of  the  people  of  the  said  State  to  enter  into  a 
treaty  of  amity,  commerce,  and  navigation  with  any  other  State  or  States 
of  the  present  Union  who  are  averse  to  returning  again  under  the  galling 
yoke  of  Great  Britain,  the  printers  of  the  (at  present)  United  States  are 
requested  to  publish  the  above  notification.  Richmond,  July  31,  1795." 

t  Charles  Pinckney,  late  governor  of  South  Carolina. 
VOL.  I. A  A  A 


362  LIFE    OF   JOHN   JAY. 

general  and  deserved  contempt  which  his  negotiations 
have  brought  both  his  talents  and  principles  into,  would  for 
ever,  he  trusted,  secure  his  fellow-citizens  from  the  danger 
ous  and  unwise  use  which  such  a  man  would  have  made  of 
the  powers  vested  in  a  PRESIDENT." 

The  feelings  entertained  towards  him  may  be  inferred 
from  the  following  resolution,  passed  and  published  by  a 
democratic  society  in  South  Carolina. 

"  Resolved,  That  we  pledge  ourselves  to  our  brethren  of 
the  republican  societies  throughout  the  Union,  as  far  as  the 
ability  and  individual  influence  of  a  numerous  society  can 
be  made  to  extend,  that  we  will  promote  every  constitu 
tional  mode  to  bring  JOHN  JAY  to  trial  and  to  justice.  He 
shall  not  escape,  if  guilty,  that  punishment  which  will  at 
once  wipe  off  the  temporary  stain  laid  upon  us,  and  be  a 
warning  to  TRAITORS  hereafter  how  they  sport  with  the 
interests  and  feelings  of  their  fellow-citizens.  He  was  in 
structed,  or  he  was  not :  if  he  was,  we  will  drop  the  cur 
tain  ;  if  not,  and  he  acted  of  and  from  himself,  we  shall 
lament  the  want  of  a  GUILLOTINE." 

The  ostensible  objections  made  to  the  treaty  were  almost 
innumerable.  It  was  declared  to  violate  the  existing  treaty 
with  France ;  to  be  ruinous  to  the  commerce,  and  disgraceful 
to  the  character  of  the  country.  The  article  prohibiting  the 
sequestration  of  debts  incase  of  war  was  peculiarly  odious, 
as  it  conveyed  a  censure  on  those  who  had  advocated  such  a 
measure  in  Congress  ;  and  it  was  now  contended  that  under 
the  protection  of  that  article,  the  King  of  England  might 
buy  up  the  stock  of  the  United  States  bank,  and  thus  in 
case  of  war,  control  the  fiscal  concerns  of  the  nation.  It 
was  likewise  insisted,  that  the  treaty  was  inconsistent  with 
the  constitution,  inasmuch  as  it  regulated  commerce,  and 
provided  for  the  payment  of  money,  which  were  powers 
that  could  constitutionally  be  exercised  only  by  Congress. 
In  short,  every  artifice  and  misrepresentation  were  em 
ployed  to  make  the  people  believe  that  the  treaty  was  a 


LIFE    OS1    JOHN   JAY.  363 

traitorous  sacrifice  of  their  rights  and  interests.  The 
democratic  societies  were  indefatigable  in  promoting  this 
delusion.  The  Pendleton  society  in  South  Carolina  de 
clared  their  "  abhorrence  and  detestation  of  a  treaty 
which  gives  the  English  government  more  power  over  us 
as  States  than  it  claimed  over  us  as  colonies — a  treaty, 
involving  in  it  pusillanimity,  stupidity,  ingratitude,  and 
treachery." 

The  senators  who  had  advised  the  ratification,  were  de 
nounced  as  "  unworthy  of  any  further  public  trust  of  re 
publicans  ;"  it  was  declared  to  be  dangerous  to  the  lib 
erties  of  America,  that  senators  should  hold  their  places 
for  the  term  of  six  years ;  and  a  change  of  the  constitution 
in  this  particular  was  demanded,  as  essential  to  the  per 
manency  of  our  republican  institutions. 

Intimations  were  also  given,  that  should  the  treaty  be 
ratified,  it  would  not  be  submitted  to  by  the  people.  The 
signing  of  the  treaty  by  the  president  would,  it  was  said, 
"  be  the  crisis  for  determining  whether  the  term  majesty  of 
the  people  was  like  the  children's  rattle,  used  merely  to  keep 
them  from  murmuring  and  complaining,  or  whether  in  this 
land  of  liberty  it  has  an  absolute  and  real  existence,  calcu 
lated  for  much  more  important  purposes." 

The  delay  of  the  president  in  ratifying  the  treaty  arose, 
not  from  the  clamour  against  it,  but  from  a  late  English  \ 
order  in  council,  which  he  was  inclined  to  believe  contra 
vened  some  of  its  provisions.  While  deliberating  on  the 
course  he  should  pursue,  he  received  a  remonstrance  against 
the  treaty  from  Boston.  His  reply  dissipated  the  hopes  of 
those  who,  mistaking  his  character,  thought  it  possible  to 
coerce  him  into  a  compliance  with  their  wishes.  The 
calm  dignity,  the  moral  independence,  and  the  conscious 
rectitude  displayed  in  this  letter  are  in  perfect  keeping  with 
that  beautiful  consistency  and  simplicity  of  purpose,  which 
will  ever  endear  the  name  of  Washington  to  the  wise 
and  good. 


364  LIFE  or  JOHN  JAY. 

"TO  THE  SELECTMEN  OF  THE  TOWN  OF  BOSTON. 

"  United  States,  28th  July,  1795.    ' 
"  GENTLEMEN, 

"  In  every  act  of  my  administration  I  have  sought  the 
happiness  of  my  fellow-citizens.  My  system  for  the  attain 
ment  of  this  object  has  uniformly  been,  to  overlook  all  per 
sonal,  local,  and  partial  considerations  ;  to  contemplate  the 
United  States  as  one  great  whole  ;  to  confide  that  sudden 
impressions,  when  erroneous,  would  yield  to  candid  reflec 
tion  ;  and  to  consult  only  the  substantial  and  permanent 
interests  of  our  country.  Nor  have  I  departed  from  this 
line  of  conduct  on  the  occasion  which  has  produced  the 
resolutions  contained  in  your  letter  of  the  13th  instant. 

'*  Without  a  predilection  for  my  own  judgment,  I  have 
weighed  with  attention  every  argument  which  has  at  any 
time  been  brought  into  view  ;  but  the  constitution  is  the 
guide  which  I  never  can  abandon.  It  has  assigned  to  the 
president  the  power  of  making  treaties,  with  the  advice  and 
consent  of  the  senate.  It  was  doubtless  supposed  that  these 
two  branches  of  government  would  combine  without  pas 
sion,  and  with  the  best  means  of  information,  those  facts 
and  principles  upon  which  the  success  of  our  foreign  rela 
tions  will  always  depend ;  that  they  ought  not  to  substitute 
for  their  own  conviction  the  opinions  of  others,  or  to  seek 
truth  through  any  channel  but  that  of  a  temperate  and  well- 
informed  investigation. 

"  Under  this  persuasion,  I  have  resolved  on  the  manner 
of  executing  the  duty  before  me.  To  the  high  responsi 
bility  attached  to  it  I  freely  submit ;  and  you,  gentlemen, 
are  at  liberty  to  make  these  sentiments  known,  as  the 
grounds  of  my  procedure.  While  I  feel  the  most  lively 
gratitude  for  the  many  instances  of  approbation  from  my 
country,  I  can  no  otherwise  deserve  it  than  by  obeying  the 
dictates  of  my  conscience.  With  due  respect,  \ 
"  I  am,  gentlemen,  your  obedient, 

"  GEORGE  WASHINGTON." 


LIFE    OF   JOHN    JAY.  365 

Until  the  publication  of  this  letter,  the  president  had  in 
general  been  treated  with  decency  in  the  democratic  jour 
nals.  Instead  of  impeaching  his  patriotism  and  integrity t 
they  had  affected  to  believe  that  these  virtues  would  neces 
sarily  ensure  the  rejection  of  the  treaty.  This  letter,  how 
ever,  left  them  no  hope  of  intimidating  him,  and  they  no 
longer  thought  it  expedient  to  profess  a  belief  in  the  purity 
of  his  motives.  "  Does  the  president,"  it  was  said,  "  fancy 
himself  the  Grand  Lama  of  the  country,  that  we  are 
to  approach  him  with  superstitious  reverence  or  religious 
awe  ?  His  answer  bespeaks  a  contempt  of  the  people  that 
no  other  evidence  than  his  own  letter  would  render  credi 
ble.  He  has  assumed  a  tone  of  majesty  and  superiority 
which  would  induce  us  to  suppose  ourselves  in  Potsdam 
instead  of  Philadelphia.  We  have  been  guilty  of  idolatry 
too  long :  punishment  is  pursuing  us  for  it ;  it  is  high  time 
that  we  should  have  no  other  gods  but  one." 

The  expression  in  the  lettter,  that  "the  two  branches 
ought  not  to  substitute  for  their  own  conviction  the  opinions 
of  others,"  was  pronounced  "  a  bold  absurdity,"  because  it 
implied  that  the  president  and  senate  were  not  bound  by 
the  opinions  of  the  populace  ;  and  it  was  declared  that 
"  the  man  who  cheats  his  fellow-citizens  out  of  their  liberties 
by  false  logic  is  a  more  detestable  character  than  he  who 
with  a  false  key  opens  the  doors  of  his  neighbour's  house, 
and  rifles  him  of  his  substance,  inasmuch  as  liberty  is  more 
precious  than  wealth." 

On  the  15th  August  the  president  signed  the  treaty,  and 
by  that  act  of  moral  courage  rescued  his  country  from  the 
evils  impending  over  her,  and  secured  for  her  a  long  course 
of  almost  unexampled  prosperity. 

The  party  opposed  to  the  treaty  seemed  driven  to  des 
peration  by  its  ratification,  and  vented  their  mortification  in 
impotent  invectives  against  Washington.  Only  one  expe 
dient  was  left  to  them,  and  this  was,  to  prevail  on  the  lower 
House  of  Congress  to  refuse  to  pass  the  laws  necessary  to 


366  LIFE    OF   JOHN   JAY. 

carry  the  treaty  into  effect ;  and  every  engine  was  imme 
diately  set  in  motion  to  produce  this  result.  The  most  in 
flammatory  addresses  on  the  subject  were  made  to  the 
people.  "  The  president,"  said  one  of  these  addresses,  "has 
thrown  the  gauntlet,  and  shame  on  the  coward  heart  that 
refuses  to  take  it  up.  He  has  declared  war  against  the 
people,  by  treating  their  opinions  with  contempt ;  he  has 
forfeited  his  claim  to  their  confidence,  by  acting  in  opposi 
tion  to  their  will.  Our  liberties  are  in  jeopardy,  and  we 
must  either  rescue  them  from  the  precipice  or  they  will 
be  lost  for  ever.  One  hope  offers  itself  to  us,  and  a  consol 
atory  one  too — the  HOUSE  OF  REPRESENTATIVES  OF  THE 
UNITED  STATES.  As  we  have  looked  in  vain  for  patriotism 
from  the  president,  let  us  turn  our  eyes  towards  that  body; 
they  are  our  i?nmediate  representatives  ;  they  feel  our  wants, 
participate  in  our  injuries,  and  sympathize  in  our  distresses. 
They  never  will  submit  to  have  our  country  degraded — they 
never  will  be  passive  under  the  outrages  upon  our  constitu 
tion — they  never  will  be  the  instruments  of  voting  away 
the  people's  rights.  As  our  application  to  the  president  has 
been  treated  with  scorn,  let  us  make  our  appeal  to  that  body 
which  has  the  power  of  IMPEACHMENT,  and  we  shall  not 
find  them  stepfathers  of  their  country.  A  treaty  which  has 
bartered  away  their  rights  cannot,  will  not  be  submitted  to. 
Let  us,  then,  fellow-citizens,  rally  round  our  representa 
tives,  and  we  may  still  be  free  !" 

In  pursuance  of  the  policy  thus  recommended,  petitions 
were  forwarded  from  all  parts  of  the  Union  to  the  House 
of  Representatives,  denouncing  the  treaty,  and  praying  that 
body  to  rescue  the  country  from  the  usurpations  of  the  pres 
ident  and  Senate. 

The  democratic  party  had  a  large  majority  in  the  House, 
and  the  temper  of  that  majority  was  early  manifested  in  a 
debate  on  the  answer  to  the  president's  speech.  In  the  an 
swer,  as  first  reported,  the  House  was  made  to  express 
their  undiminished  confidence  in  Washington ;  but  the  pas- 


LIFE    OP   JOHN   JAY.  367 

sage  was  finally  expunged.  It.  is  at  least  creditable  to  the 
candour  of  the  majority,  that  they  refused  to  express  a  con 
fidence  they  did  not  feel — a  refusal,  however,  which  their 
children  will  remember  only  with  pain. 

On  the  1st  of  March,  1796,  the  treaty  having  been  duly 
ratified  by  Great  Britain,  was  laid  by  the  president  before  the 
House.  It  had  now  become,  by  the  express  declaration  of 
the  constitution,  the  supreme  law  of  the  land ;  yet  this  law 
it  was  the  determination  of  the  majority  to  abrogate.  The 
day  after  the  treaty  had  been  submitted  to  the  House,  a 
resolution  was  introduced  calling  upon  the  president  for 
all  the  correspondence  and  documents  relating  to  it.  The 
resolution  was  passed,  after  much  debate,  by  a  majority  of 
twenty-five. 

This  call  for  papers  was  avowedly  founded  on  the 
doctrine  that  it  was  optional  with  the  House  to  pass  the 
laws  required  by  the  treaty.  To  sanction  this  doctrine  by 
complying  with  the  call,  would  have  been,  in  the  president's 
view,  a  breach  of  the  oath  he  had  taken  to  support  the  con 
stitution  ;  and  he  therefore  returned  an  answer  stating  at 
length  his  reasons  for  withholding  the  papers.  In  this  an 
swer  he  declared  his  conviction,  that  the  constitution  had 
vested  in  the  president  and  Senate  exclusively  the  treaty- 
making  power ;  that  foreign  nations  had  been  informed  and 
believed  that  treaties  made  by  the  president,  with  the  ad 
vice  and  consent  of  two-thirds  of  the  Senate,  were  obliga 
tory  on  the  nation ;  and  that  such  had  been  the  understand 
ing  of  the  Convention  which  formed  the  constitution,  and  of 
the  State  Conventions  which  adopted  it ;  and  that  being 
fully  persuaded  that  the  assent  of  the  House  of  Representa 
tives  was  not  necessary  to  the  validity  of  the  treaty,  a  just 
regard  to  the  constitution  and  to  the  duties  of  his  office  for 
bade  him  to  comply  with  their  request. 

The  House,  on  receiving  this  message,  resolved,  by  a 
strong  party  vote,  that  whenever  the  execution  of  a  treaty 
depends  on  laws  to  be  passed  by  Congress,  that  House  had 


368  LIFE    OP   JOHN   JAY. 

a  right  to  decide  on  the  expediency  of  the  treaty  and  to  act 
accordingly.  This  resolution  augured  ill  for  the  fate  of  the 
treaty.  A  member  of  the  minority  soon  after  introduced  a 
resolution,  declaring  that  it  was  "  expedient  to  pass  the  laws 
necessary  for  carrying  into  effect  the  British  treaty."  This 
resolution  was  debated  with  the  zeal  and  ability  the  subject 
was  so  well  calculated  to  elicit.  The  discussion  continued 
for  two  weeks,  and  called  forth  an  exhibition  of  eloquence 
which  has  probably  never  been  exceeded,  either  before  or 
since,  in  the  American  Congress ;  and  certainly  no  subject 
of  equal  importance  had  engaged  the  attention  of  that  body 
since  the  declaration  of  independence.  The  ratification  of 
the  treaty  was  a  matter  of  choice  ;  its  rejection  would  not 
have  been  a  breach  of  national  faith,  nor  would  it  necessa 
rily  have  precluded  the  possibility  of  negotiating  another 
treaty.  But,  if  the  House  of  Representatives  now  refused 
to  execute  a  treaty  concluded  with  all  the  forms  required 
by  the  constitution,  it  was  evident  that  no  assurance  could 
hereafter  be  given  to  a  foreign  power,  that  a  treaty  made 
with  it,  and  solemnly  ratified,  would  be  observed  ;  and  that 
no  pledge  founded  on  the  faith  of  the  United  States  would 
possess  any  value  abroad.  Nor  could  it  be  denied,  that  a 
refusal  to  execute  the  treaty  would  not  only  be  a  good 
cause  of  war,  but  would  inevitably  lead  to  it.  The  1st 
of  June,  the  time  appointed  for  the  surrender  of  the  posts, 
was  near  at  hand  ;  but  if  the  House  avowed  their  intention 
to  regard  the  treaty  as  a  nullity,  the  posts  would  certainly 
be  retained,  and  through  the  influence  of  their  garrisons  the 
frontier  settlements  would  probably  be  exposed  to  all  the 
horrors  of  an  Indian  war. 

The  merchants  who  had  been  despoiled  of  their  property 
by  British  cruisers,  looked  to  the  treaty  for  compensation ; 
but  unless  Congress  proceeded  to  execute  the  treaty,  not 
only  would  that  compensation  be  withheld,  but  most  of  the 
remaining  commerce  of  the  country  would  probably  be 
swept  from  the  ocean  by  the  naval  forces  of  Britain. 


LIFE    OF   JOHN   JAY.  369 

These  considerations,  as  the  crisis  approached,  began  to 
affect  the  public  mind,  and  urgent  memorials  were  presented 
to  the  House,  deprecating  their  refusal  to  execute  the 
treaty.  Some  members  of  the  majority  appeared  to  shrink 
from  the  responsibility  of  the  accumulated  calamities,  in 
which  the  measures  of  their  party  threatened  to  involve 
the  nation.  But  if  the  language  of  a  few  indicated  irreso 
lution,  that  of  the  leaders  was  bold  and  reckless  ;  and  the 
result  of  the  protracted  debate  was  awaited  by  the  com 
munity  with  intense  and  painful  anxiety.  On  the  29th  of 
April  the  question  was  taken,  and  the  House  was  equally 
divided !  Tlie  chairman,  although  opposed  to  the  treaty, 
gave  his  casting-vote  in  favour  of  its  execution.  Thirteen 
members  of  the  democratic  party  voted  with  the  federalists, 
and  produced  this  unexpected  result.  The  necessary  laws 
were  soon  after  passed  ;  the  treaty  went  into  full  and  suc 
cessful  operation  ;  and  the  nation  reaped  from  the  labours 
of  her  negotiator  a  rich  harvest  of  prosperity  and  peace. 

During  the  long  and  acrimonious  discussions  to  which 
the  treaty  gave  rise,  Mr.  Jay  remained  apparently  a  disin 
terested  spectator  of  passing  events.  He  entered  into  no 
defence  of  either  himself  or  the  treaty.  Having  discharged 
his  duty,  he  felt  no  other  solicitude  in  the  result,  than  that 
excited  by  attachment  to  his  country.  His  letters  at  this 
period  show  with  what  calmness  he  viewed  the  storm  that 
raged  around  him,  and  how  skilfully  he  detected  its  mingled 
elements. 

"  TO    MAJOR-GENERAL    HENRY    LEE. 

"New-York,  llth  July,  1795. 

"  DEAR  SIR, 

"  Accept  my  cordial  thanks  for  the  friendly  congratula 
tions  expressed  in  your  obliging  letter  of  the  30th  of  last 
month,  which  I  received  yesterday. 

"  It  was  obvious  to  me,  when  I  embarked  on  my  late 
mission,  that  so  many  circumstances  combined  to  render 

VOL.  I. B  B  B 


370  LIFE    OF    JOHN   JAY. 

pacific  arrangements  with  Great  Britain  unwelcome  to  cer 
tain  politicians  and  their  partisans,  both  here  and  elsewhere, 
that  their  approbation  of  any  treaty  whatever  with  that 
nation  was  not  to  be  expected. 

"  Apprized  of  what  had  happened  in  Greece  and  other 
countries,  I  was  warned  by  the  experience  of  ages  not  to 
calculate  on  the  constancy  of  any  popular  tide,  whether 
favourable  or  adverse,  which  erroneous  or  transitory  im 
pressions  may  occasion. 

"  The  treaty  is  as  it  is  ;  and  the  time  will  certainly  come 
when  it  will  very  universally  receive  exactly  that  degree  of 
commendation  or  censure  which,  to  candid  and  enlightened 
minds,  it  shall  appear  to  deserve.  In  the  mean  time  I  must 
do  as  many  others  have  done  before  me — that  is,  regretting 
the  depravity  of  some,  and  the  ignorance  of  a  much  greater 
number,  bear  with  composure  and  fortitude  the  effects  of 
each.  It  is  as  vain  to  lament  that  our  country  is  not  en 
tirely  free  from  these  evils,  as  it  would  be  to  lament  that 
our  fields  produce  weeds  as  well  as  corjn^-- 

"  Differences  in  opinion,  and  other  causes  equally  pure 
and  natural,  will  unavoidably  cause  parties  ;  but  such  par 
ties  differ  widely  from  factions,  and  are  probably  no  less 
conducive  to  good  government,  than  moderate  fermentation 
is  necessary  to  make  good  wine. 

"  My  good  friend,  we  must  take  men  and  things  as  they 
are,  and  enjoy  all  the  good  we  meet  with.  I  enjoy  the  good 
will  to  which  I  am  indebted  for  your  letter ;  and  I  enjoy 
the  occasion  it  affords  me  of  assuring  you  of  the  esteem  and 
regard  with  which  I  am, 

"  Dear  sir, 

"  Yours,  &c.  &c. 

"  JOHN  JAY." 


LIFE    OF   JOHN    JAY.  371 


FROM    TIMOTHY    PICKERING.* 

"  [Private.] 

« Philadelphia,  Aug.  14th,  1795. 

"  SIR, 

*'  No  man  can  be  more  anxious  for  the  fate  of  the  treaty 
with  Great  Britain  than  you  ;  and  the  wanton  abuse  heaped 
upon  you  by  the  enemies  of  their  country,  gives  you  a  right 
to  the  earliest  possible  relief.  The  treaty  will  be  ratified. 
This  day  the  president  finally  sanctions  a  memorial  an 
nouncing  it  to  the  British  minister  Mr.  Hammond.  The 
ratification  will  conform  to  the  advice  and  consent  of  the 
Senate,  unembarrassed  with  any  other  condition. 

"  Permit  me  to  suggest  to  your  consideration  the  expe 
diency — perhaps  I  should  say  the  necessity,  at  this  time  of 
general  ferment,  when  the  grossest  falsehoods,  the  most 
infamous  calumnies,  are  industriously  disseminated  to  ren 
der  suspected  and  odious  the  real  friends  to  their  country — 
of  a  solemn  public  declaration  by  the  president  of  the  prin 
ciples  of  his  administration,  and  of  his  appealing  to  the  train 
of  actions  which  have  marked  his  whole  life,  for  the  purity 
and  patriotism  of  his  conduct  on  the  present  occasion. 
Something  of  the  kind  seems  due  to  himself,  and  to  the 
early,  determined,  and  uncorrupted  patriots  who  have  sup 
ported  him. 

"  The  post  is  on  the  point  of  departure,  which  obliges  me 
to  conclude  abruptly. 

"  With  great  and  sincere  respect, 
"  I  am  yours, 

"  TIMOTHY  PICKERING." 

*  Secretary  at  war. 


372  LIFE    OP   JOHN   JAY. 


"  TO    TIMOTHY    PICKERING. 

"  [Private.] 

"  New-York,  17th  Aug.,  1795. 
«  SIR, 

"Accept  my  thanks  for  your  obliging  letter  of  the  14th 
inst.  The  friendly  motives  which  induced  you  to  commu 
nicate  to  me  the  information  contained  in  it  shall  be  re 
membered.  The  president's  firmness  on  this  occasion  adds 
new  honours  to  his  character,  and  confers  new  obligations 
on  his  country. 

"  Of  the  expediency  of  an  address  I  am  not  perfectly 
satisfied  ;  although  I  think  it  would  in  many  respects  be 
useful.  It  appears  to  me  to  be  a  good  general  rule,  that 
the  president  should  very  rarely  come  forward  except 
officially.  A  degree  of  reserve  seems  necessary  to  the 
preservation  of  his  dignity  and  authority ;  any  address 
would  be  exposed  to  indecent  strictures.  Many  of  our 
presses  are  licentious  in  the  extreme,  and  there  is  little  rea 
son  to  presume  that  regard  to  propriety  will  restrain  such 
parties,  and  so  hostile  to  the  constitution  and  government, 
from  acting  improperly. 

"  My  opinion  of  the  existence,  and  of  the  views  and 
practices  of  the  leaders  of  these  parties,  or  rather  factions, 
is  not  of  recent  date.  Nothing  in  their  present  conduct 
strikes  me  as  singular,  except  their  more  than  ordinary 
indiscretion.  Industrious  they  are  and  will  be,  and  no 
activity  or  means  will  be  spared  to  gain  a  majority  in  Con 
gress  at  the  ensuing  session.  To  render  this  attempt  abor 
tive  the  proposed  address  will  doubtless  conduce.  The 
president's  speech  may  indeed  comprise  his  sentiments  and 
remarks  on  the  subject,  but  then,  by  that  time  the  mischief 
may  be  advanced  and  ripened.  A  more  early  address,  by 
correcting  public  opinion,  would  render  it  a  check  on  the 
conduct  of  some  representatives  who '  might  otherwise 
favour  the  opposition.  There  are  men  who  will  go  with 


LIFE    OF   JOHN    JAY.  373 

the  stream,  whatever  its  course  may  be  ;  and  there  are 
others  who  will  act  right  when  they  see  no  advantage  to 
themselves  in  acting  wrong.  Snares  and  temptations  will 
be  spread ;  in  a  word,  this  address  has  its  pros  and  cons ; 
but  it  is  a  point  on  which  I  should  confide  in  the  president's 
judgment,  which  I  think  very  seldom  errs. 

"  Ancient  as  well  as  very  modern  history  teaches  us  les 
sons  very  applicable  to  the  present  times ;  and  points  out 
the  necessity  of  temper,  activity,  and  decision.  I  think 
that  the  president,  with  the  blessing  of  Providence,  will  be 
able  to  carry  his  country  safe  through  the  storm,  and  to  see 
it  anchored  in  peace  and  safety :  if  so,  his  life  and  character 
will  have  no  parallel.  If,  on  the  contrary,  the  clubs  and 
their  associates  should  acquire  a  decided  ascendency,  there 
will  be  reason  to  apprehend  that  our  country  may  become 
the  theatre  of  scenes  resembling  those  which  have  been 
exhibited  by  their  brethren  in  France ;  and  that,  to  justify 
themselves,  their  utmost  malice  and  art  will  be  employed 
to  misrepresent  and  vilify  the  government,  and  every  char 
acter  connected  with  it. 

"  God  governs  the  world,  and  we  have  only  to  do  our 
duty  wisely,  and  leave  the  issue  to  him. 

"  I  have  the  honour  to  be,  &c. 

"  JOHN  JAY. 

"  P.  S.  I  do  not  learn  that  there  is  much  uneasiness  or 
defection  in  the  counties  of  this  State,  except  in  places 
where  Jacobin  societies  have  been  set  up,  or  in  neighbour 
hoods  where  some  leading  malcontents  have  influence. 
Late  accounts  from  Albany  on  these  topics  are  agreeable." 


374  LIFE    OF    JOHN    JAY. 

"TO    EDMUND    RANDOLPH.* 

"  [Private.] 

"New-York,  20th  Aug.,  1795. 

«  SIR, 

"I  have  been  honoured  with  yours  of  the  16th  instant, 
and  thank  you  for  the  interesting  information  detailed  in 
it. 

"  Knowing  that  my  opinions  and  sentiments  relative  to 
the  treaty  cannot  easily  be  supposed  to  be  free  from  the 
influence  of  personal  considerations,  I  have  been  so  re 
served  as -that  since  my  arrival  I  have  neither  written  a 
line  to  the  president,  nor  been  the  author  of  a  single  anony 
mous  paper  on  the  subject  of  its  merits. 

"  However  much  I  regret  the  ferment  which  it  has  been 
made  the  occasion  of  exciting  in  certain  places,  and  among 
certain  people,  yet  I  confess  few  circumstances  have  oc 
curred  which  I  did  not  expect.  I  carried  with  me  to 
Europe,  and  I  brought  with  me  from  thence,  a  fixed  opinion, 
that  no  treaty  whatever  with  Great  Britain  would  escape  a 
partial  but  violent  opposition.  I  did  clearly  discern  that 
any  such  treaty  would  be  used  as  a  pretext  for  attacks  on 
the  government,  and  for  attempts  to  diminish  the  confidence 
which  the  great  body  of  the  people  reposed  in  it. 

"  In  the  history  of  this  country,  posterity  will  have  much 
to  admire  and  commend ;  and  I  shall  be  mistaken  if  they 
have  not  also  much  to  censure  and  deplore.  Be  that  as  it 
may,  I  shall  continue  to  possess  my  mind  in  peace,  and  be 
prepared  to  meet  with  composure  and  fortitude  whatever 
evils  may  result  to  me  from  the  faithful  discharge  of  my 
duty  to  my  country.  The  history  of  Greece,  and  other 
less  ancient  governments,  is  not  unknown  to  either  of  us ; 
nor  are  we  ignorant  of  what  patriots  have  suffered  from 
domestic  factions  and  foreign  intrigues,  in  almost  every 
age. 

*  Secretary  of  state. 


LIFE    OF   JOHN   JAY.  375 

"  It  is  pleasing,  however,  to  reflect  that  our  country  pos 
sesses  a  greater  portion  of  information  and  morals  than 
almost  any  other  people  ;  and  that  although  they  may  for  a 
time  be  misled  and  deceived,  yet  there  is  reason  to  expect 
that  truth  and  justice  cannot  be  long  hid  from  their  eyes. 
"  I  am,  dear  sir, 

"  Yours  truly, 

"JOHN  JAY." 

"  TO  JAMES  DUANE.* 

"New- York,  16th  September,  1795. 
"  DEAR  SIR, 

"  I  read  your  kind  and  affectionate  letter  of  the  31st  of 
July  last  with  great  satisfaction  and  sensibility,  and  I  thank 
you  for  it.  It  is  pleasing  to  see  friendship,  like  an  ever 
green,  bid  defiance  to  the  vicissitudes  of  seasons. 

"  The  opposition  to  which  you  allude,  except  as  to  its 
degree  of  malignity,  was  not  unexpected.  When  the  mis 
sion  to  England  was  pressed  upon  me,  it  was  perceived 
that  there  were  parties  who  would  endeavour  to  wound 
the  government  through  the  sides  of  the  envoy,  and  either 
depreciate  his  success  or  censure  his  want  of  it. 

"  It  had  long  been  obvious  that  negotiations  relative  to 
the  posts  would  unavoidably  extend  to  the  complaints  of 
Great  Britain  relative  to  the  debts,  and  that  every  idea  of 
paying  them  would  be  offensive  to  the  southern  States. 

"The  attempts  of  the  French  to  plunge  us  into  the  war 
were  well  known,  and  it  was  equally  plain  that  they  would 
not  cease  to  be  hostile  to  an  amicable  settlement  of  our 
differences  with  Great  Britain. 

"  The  constitution  still  continued  to  be  a  rock  of  offence 
to  the  anti-federalists ;  and  the  funding  system,  by  afford 
ing  support  to  the  government,  had  become  exceedingly 
obnoxious  to  that  party.  It  was  evident,  then, 

"  That  a  treaty  with  Great  Britain,  by  preventing  war, 

*  Late  mayor  of  the  city  of  New-York. 


376  LIFE    OF   JOHN   JAY. 

would  disappoint  the  southern  debtors  of  the  receipts  in  full, 
with  which  they  flattered  themselves  from  a  war. 

"  That  it  would  displease  the  French,  by  lessening  our 
supposed  dependence  on  them  for  protection  against  Great 
Britain,  by  diminishing  their  influence  in  our  councils,  and 
by  making  us  friends  with  their  enemies. 

"  That  it  would  discontent  the  anti-federalists,  by  disarm 
ing  them  of  their  affected  complaints  against  the  govern 
ment  on  account  of  the  posts,  and  commerce,  &c.,  and  by 
giving  additional  strength  to  the  administration,  &c.  &c. 

"Hence  there  was  reason  to  apprehend  that  a  treaty 
with  Great  Britain  would  become  a  signal  to  the  anti-fede 
ralists,  the  debtors,  and  the  French,  to  unite  their  efforts  to 
prevent  its  taking  effect,  and  to  embarrass  its  execution  if 
ratified ;  and  to  conduct  their  opposition  in  the  manner 
most  injurious  to  the  constitution  and  to  the  administration, 
and  to  all  the  men  who  are  attached  or  give  support  to  either. 
That  with  these  parties  would  naturally  be  associated  the 
Jacobin  philosophers,  the  disorganizing  politicians,  and  the 
malcontents  of  various  descriptions ;  together  with  the 
many  who  have  little  to  lose  and  much  to  covet,  and  those 
who  regard  wTar  as  speculation,  and  prefer  spoil  and  plunder 
to  patient  industry  and  honest  gains.  To  these  also  may 
be  added  the  numerous  herd  of  those  who  blindly  follow 
their  leaders,  who  judge  without  understanding,  who  believe 
without  evidence,  and  who  are  to  their  demagogues  what 
some  other  animals  are  to  their  riders. 

"  On  the  other  hand,  the  highest  confidence  was  reposed 
in  the  wisdom  and  firmness  of  the  government,  and  in  the 
virtue  and  good  sense  of  the  great  mass  of  our  people,  who 
(especially  in  the  eastern  and  middle  States)  possess  a 
degree  of  information  and  steadiness  not  to  be  found  in  other 
countries.  This  confidence  I  then  entertained  and  still  retain. 
I  persuade  myself  it  will  be  justified  by  the  event,  and  that 
the  delusion  which  certain  spirits  are  spreading  to  deceive 
the  people,  will  not  infest  the  sound  part  of  the  nation.  If, 


LIFE    OF   JOHN   JAY.  377 

however,  this  persuasion  should  prove  to  be  ill  founded,  we 
may  expect  to  see  our  country  afloat  on  a  sea  of  troubles. 
But  having  been  conversant  with  difficulties,  we  are  ap 
prized  that  it  is  more  proper  as  well  as  more  useful  to  turn 
our  faces  than  our  backs  to  them. 

"As  to  the  treaty,  it  must  and  will  speak  for  itself:  it 
has  been  maliciously  slandered,  and  very  ably  defended. 
But  no  calumny  on  the  one  hand,  nor  eloquence  on  the 
other,  can  make  it  worse  or  better  than  it  is.  At  a  future 
day  it  will  be  generally  seen  in  its  true  colours,  and  in  its 
proper  point  of  view. 

"  Strenuous  efforts  will  be  made  to  gain  and  mislead  a 
majority  of  the  House  of  Representatives  at  the  ensuing 
session  of  Congress  ;  and  if  they  succeed,  many  perplexities 
and  embarrassments  may  be  expected.  But  perplexities 
and  embarrassments  are  incident  to  human  affairs ;  and 
while  moral  evil  remains  in  the  world  it  will  constantly 
generate  political  ones. 

"Whenever  I  visit  Albany,  I  shall  certainly  make  an 
excursion  to  Duanesburgh.  Your  family  are  taking  deep 
root  there ;  and  they  have  my  best  wishes  that  they  may 
there  be  and  remain  *  like  a  tree  planted  by  the  water-side, 
whose  leaf  shall  not  wither.9 

"  I  am,  dear  sir,  your  friend  and  servant, 

"JoHN  JAY." 

In  order  to  form  a  just  estimate  of  the  merits  of  the 
British  treaty,  it  is  necessary  to  call  to  mind  the  unpro- 
pitious  circumstances  under  which  it  was  negotiated,  to 
examine  the  results  it  produced,  and  finally  to  compare  its 
provisions  with  the  treaties  subsequently  formed  by  the 
United  States. 

The  difficulties  opposed  by  the  political  state  of  both 
Europe  and  America,  to  a  successful  negotiation  with  Great 
Britain  have  already  been  adverted  to.  It  has  also  been 
shown,  that  the  immediate  effect  of  the  treaty  was  to  avert 

TOL.  I. C  C  C 


378  LIFE    OP   JOHN   JAY. 

a  war,  from  which  the  United  States  could  have  derived  no 
possible  advantage,  which  the  treaty  itself  did  not  secure 
to  them,  and  which  could  not  have  been  waged  but  at  a 
lamentable  expense  of  blood  and  treasure.  The  treaty, 
moreover,  with  one  exception,  removed  every  existing  ob 
stacle  to  the  continuance  of  peace  between  the  two  coun 
tries.  This  exception  was  the  right  claimed  by  Great 
Britain  to  impress  her  own  seamen,  when  found  on  board 
neutral  merchant- vessels  at  sea ;  a  claim  which  a  subse 
quent  war  and  treaty  failed  to  extinguish,  and  which  we 
may  therefore  believe  no  efforts  of  Mr.  Jay  could  have 
induced  the  British  cabinet  to  abandon.  The  commercial 
privileges  granted  to  the  United  States  both  in  Great 
Britain  and  the  East  Indies,  extensively  contributed  to  their 
present  wealth  and  prosperity,  and  led  to  the  privileges 
they  still  enjoy  in  those  countries.  The  compensation 
recovered  in  consequence  of  the  treaty,  for  spoliations  on 
American  commerce  far  exceeded  what  has  ever  been 
recovered  on  a  similar  account  under  any  subsequent 
treaty,  and  amounted  to  the  large  sum  of  TEN  MILLIONS 

THREE    HUNDRED    AND    FORTY-FIVE    THOUSAND    DOLLARS. 

This  sum  was  paid  into  the  pockets  of  American  mer 
chants,  who,  but  for  the  treaty,  would  have  found  in  a  war 
with  England  the  completion  of  their  ruin. 

Nor  was  it  one  of  the  least  benefits  of  the  treaty,  that 
by  preserving  peace  with  Great  Britain  it  saved  the  coun 
try  from  an  alliance  with  France,  then  in  the  height  of 
her  delirium.  We  have  already  seen  the  strong  dispo 
sition  which  existed  in  the  United  States  to  adopt  French 
principles  and  manners  ;  and  it  cannot  be  questioned, 
that  had  that  disposition  been  fostered  by  the  close  con 
nexion  into  which  a  war  with  England  would  have  drawn 
the  two  republics,  it  would  ultimately  have  proved  danger 
ous  and  perhaps  ruinous  to  the  morals  and  institutions  of 
the  country. 

Let  us  now  take  a  comparative  view  of  this  much  calum- 


LIFE    OF    JOHN    JAY.  379 

riiated  treaty,  and  see  how  far  the  abilities  of  Mr.  Jay  have 
been  eclipsed  by  subsequent  negotiators,  and  how  far  the 
errors  of  which  he  has  been  accused  have  been  avoided 
by  some  of  those  who  were  most  active  in  condemning 
them. 

In  1799,  notwithstanding  the  insulting  rejection  by  the 
French  Directory  of  two  successive  missions,  Mr.  Adams, 
who  was  then  president,  contrary  to  the  opinion  of  his 
cabinet  and  the  wishes  of  the  federal  party,  made  a  third 
effort  to  conciliate  the  offended  republic,  and  appointed 
three  commissioners  to  negotiate  with  her.  One  of  these 
commissioners  was  Mr,  Ellsworth,  chief  justice  of  the 
Supreme  Court  of  the  United  States.  It  will  be  recollected 
that  Mr.  Jay  held  the  same  station  when  sent  to  England, 
and  it  will  also  be  recollected  that  the  president  and  Senate 
were  accused  by  the  opposers  of  the  mission,  of  violating 
the  constitution  and  tainting  the  purity  of  the  bench  by 
the  appointment.  It  might  have  been  supposed  that  these 
jealous  patriots  would  have  been  greatly  scandalized  at 
this  reiterated  assault  upon  the  constitution  and  the  bench ; 
but  Mr.  Ellsworth  was  a  minister  of  peace  to  France,  and 
not  to  England,  and  not  a  murmur  was  heard  throughout 
the  democratic  party. 

The  spoliations  on  American  commerce  by  the  French 
far  exceeded  what  had  been  committed  by  Great  Britain 
prior  to  1794;  and  the  government  were  informed  of  no 
less  than  619  American  vessels  which  had  been  captured 
and  condemned  under  the  French  decrees.  On  the  3d  Sep 
tember,  1800,  a  treaty  was  concluded  with  France  which 
gave  no  compensation  for  any  one  of  these  captures ;  yet 
those  who  burned  the  British  treaty,  received  this  with 
exultation. 

The  article  inserted  by  Mr.  Jay  in  his  treaty,  prohibiting 
the  sequestration  of  debts  in  case  of  war,  was  denounced  as 
a  wanton  abandonment  of  a  powerful  means  of  offence 
against  Great  Britain.  A  similar  article,  copied  verbatim 


380  LIFE    OP   JOHN   JAY. 

from  that  treaty,  was  inserted  in  the  French  treaty,  and  not 
a  voice  was  raised  against  it.  To  sequester  British  or 
French  debts  was  altogether  a  different  affair. 

The  board  of  commissioners,  provided  by  the  British 
treaty  to  investigate  and  decide  on  claims,  was  denounced 
as  a  judicial  colossus,  by  which  American  citizens  were 
robbed  of  their  right  of  trial  by  jury,  and  the  president  and 
Senate  were  censured  for  establishing  a  court  unknown  to, 
and  contrary  to,  the  constitution.  In  1804,  under  Mr.  Jef 
ferson's  administration,  a  treaty  was  formed  with  Spain,  in 
which  it  was  found  expedient  to  provide  a  board  of  com 
missioners  constituted  precisely  like  that  which  had  been 
so  vehemently  condemned. 

By  the  expiration,  in  1803,  of  the  commercial  articles  of 
the  British  treaty,  the  commerce  of  the  United  States  with 
Great  Britain  was  left  subjected  to  the  arbitrary  restrictions 
of  that  government.  Mr.  Jefferson  was  desirous  of  placing 
it  on  a  less  precarious  footing,  and,  in  1806,  he  appointed 
two  commissioners  to  negotiate  another  commercial  treaty. 
This  gentleman  had  pronounced  the  treaty  of  1794  "  exe 
crable  ;"  an  "  infamous  act  which  was  really  nothing  more 
than  a  treaty  of  alliance  between  England  and  the  Anglo- 
men  of  this  country,  against  the  legislature  and  people  of  the 
United  States."*  He  had  declared  the  negotiator  of  this 
treaty  to  be  "  a  rogue  of  a  pilot,"  who  had  run  the  vessel 
of  State  into  an  enemy's  port,f  and  had  called  on  the  House 
of  Representatives  to  save  the  people  from  his  "  avarice  and 
corruption."!  It  must  therefore  have  been  Mr.  Jefferson's 
opinion  that  an  honest  minister  would  have  made  a  better 
treaty ;  and  we  are  to  presume  that  it  was  under  the  influ 
ence  of  this  opinion  that  he  selected  Messrs.  Monroe  and 
Pinckney  as  his  negotiators. 

*  See  Jefferson's  writings,  vol.  iii.  Letter  to  Edward  Rutledge,  30th 
November,  1795. 

t  Letter  to  Mann  Page,  30th  Aug.,  1795. 

t  Letter  to  James  Madison,  27th  March,  1796. 


LIFE    OF   JOHN   JAY.  381 

On  the  31st  of  December,  1806,  these  commissioners 
signed,  at  London,  a  commercial  treaty  with  Great  Briain. 
It  is  not  a  little  singular  that  this  instrument  contained  no  less 
than  eleven  articles,  transferred  verbatim  from  the  "  exe 
crable"  treaty  of  1794,  and  five  others  copied  from  the  same 
treaty  with  slight  alterations.  In  two  instances  only  was 
this  treaty  more  advantageous  to  the  United  States  than 
the  old  one.  In  the  latter,  the  British  had  reserved  a  right 
to  countervail  an  alien  tonnage  duty,  by  the  imposition  of 
an  equivalent  one  on  American  vessels  entering  their  ports. 
This  reservation  was  now  omitted.  Another  improve 
ment  was,  the  omission  of  provisions  in  the  enumeration  of 
contraband  articles.  But  it  should  be  recollected  that  the 
former  treaty  had  prepared  the  way  for  this  omission,  by 
stipulating  that  provisions  going  to  an  enemy's  port,  instead 
of  being  forfeited,  might  be  purchased  by  the  captor,  on  his 
paying  for  them  their  full  value,  including  freight  and  a  rea 
sonable  mercantile  profit.  But  these  advantages,  such  as 
they  were,  were  purchased  at  a  costly  sacrifice.  By  the 
old  treaty,  an  American  vessel  might  carry  a  cargo  from 
any  part  of  the  world  to  the  East  Indies,  and  thence  to  the 
United  States ;  but  by  the  new  one,  the  outward  as  well 
as  the  return  voyage  was  to  be  direct,  and  not  circuitous. 
The  direct  trade  between  Europe  and  all  the  colonies  of  the 
enemies  of  Great  Britain  was  expressly  surrendered ;  and 
it  was  agreed  that  whatever  cargoes  an  American  merchant 
might  wish  to  carry  from  Europe  to  those  colonies,  or  from 
them  to  Europe,  should  be  first  landed  in  the  United  States 
and  a  duty  paid  upon  them.  We  may  easily  imagine  the 
outcry  which  such  a  stipulation  in  the  old  treaty  would  have 
occasioned  in  America.  The  commercial  intercourse  her 
tween  the  United  States  and  the  adjoining  British  posses* 
sions,  granted  by  the  former  treaty,  was  now  withheld, 
Great  Britain  positively  refusing  to  renew  it. 

The   British  government  had  not  long    before   issued 
orders   for  capturing   American    vessels  trading  to  such 


382  LIFE    OF   JOHN   JAY. 

ports  in  the  enemy's  colonies  as  had  been  closed  against 
them  in  time  of  peace ;  and  under  these  orders  American 
property  had  been  seized  to  a  large  amount.  Captures,  on 
the  same  principle,  had  been  made  prior  to  1794,  but  in 
Mr.  Jay's  treaty  this  principle  had  been  tacitly  renounced, 
and  compensation  had  been  made  for  the  property  taken 
under  it. 

Messrs.  Monroe  and  Pinckney  were  instructed  to  obtain 
compensation  for  the  captures  recently  made,  and  were 
authorized  to  refer  the  amount  of  compensation  to  the  de 
cision  of  a  board  of  commissioners,  to  be  organized  like  the 
one  established  by  the  former  treaty.*  But  the  American 
ministers  found  themselves  unequal  to  the  task  so  success 
fully  accomplished  by  their  predecessor,  and  they  signed  a 
treaty  which  gave  no  redress  whatever  for  these  spoliations. 

Mr.  Jay  was  not  only  censured  but  insulted  for  con 
cluding  a  treaty  that  did  not  protect  the  crews  of  American 
vessels  from  impressment;  but  the  treaty  of  1806  was  in 
this  respect  equally  deficient,  as  it  contained  no  allusion  to 
the  subject. 

The  signature  of  the  treaty  by  the  British  commissioners 
was  accompanied  by  a  written  declaration  that  their  gov 
ernment  would  not  consider  itself  bound  by  it,  unless  the 
United  States  would  engage  to  resist  certain  French  de 
crees  encroaching  upon  neutral  rights  ;  in  other  words,  that 
the  treaty  should  be  a  nullity,  unless  the  United  States  be 
came  a  party  in  the  war  against  France. 

Such  was  the  treaty  concluded  by  Messrs.  Monroe  and 
Pinckney,  and  such  the  humiliating  condition  annexed  to  it 
by  Great  Britain.  Mr.  Monroe  was  a  member  of  the 
Senate  at  the  time  of  Mr.  Jay's  appointment,  and  opposed 
his  nomination  because,  among  other  reasons,  he  "  thought 
it  would  be  difficult  to  find  within  the  limits  of  the  United 


*  See  Instructions  from  Mr.   Madison,  secretary  of  state,  dated  17th 
May,  1806.     American  State  Papers,  vol.  vi.  p.  224,  2d  edit. 


LIFE    OF   JOHN   JAY.  383 

States  a  person  who  was  more  likely  to  improve  to  the 
greatest  possible  extent,  the  mischief  to  which  the  measure 
naturally  exposed  us."*  At  the  time  this  opinion  was  ex 
pressed,  Mr.  Monroe  had  not  made  trial  of  his  own  talents 
for  diplomacy. 

Mr.  Jefferson,  with  great  consistency,  instantly  rejected 
the  treaty  negotiated  by  his  ministers ;  but  it  is  not  known 
that  he  denounced  them  as  "  rogues,"  or  accused  them  of 
"  avarice  and  corruption." 

All  further  efforts  to  procure  a  commercial  treaty  proved 
unavailing.  The  war  of  1 8 1 2  followed,  and  was  terminated 
by  a  treaty  of  peace,  which  secured  to  the  United  States 
no  advantages  whatever,  not  even  a  guarantee  against  im 
pressment,  for  which  the  war  had  been  professedly  waged. 

In  1815,  the  president,  Mr.  Madison,  who  had  in  the 
House  of  Representatives  acted  a  prominent  part  in  oppo 
sition  to  the  treaty  of  1794,  succeeded  in  obtaining  a 
meager  treaty,  limited  to  four  years.  By  this  treaty,  the 
trade  between  the  United  States  and  the  British  dominions 
in  Europe  was  placed  on  the  same  footing  as  by  Mr.  Jay's 
treaty,  except  that  the  reservation  by  Great  Britain  respect 
ing  countervailing  tonnage  duties  was  omitted,  and  each 
party  was  restricted  from  imposing  higher  duties  on  im 
ports  in  the  vessels  of  the  other  than  in  its  own.  How  far 
this  arrangement  was  advantageous  to  American  com 
merce  is  at  least  questionable.  It  was  formerly  the  policy 
of  most  nations  to  encourage  their  own  shipping  by  dis 
criminating  duties ;  and  a  contrary  stipulation  would  not 
have  been  tolerated  in  1794.  Modern  opinions,  however, 
are  certainly  most  favourable  to  the  doctrine  of  free  trade ; 
with  how  much  justice  time  will  determine.  It  is  how 
ever  certain,  that  under  this  arrangement  the  British  have 
become  carriers  for  the  United  States  to  an  extent  entirely 


*  See  Monroe's  View  of  the  Conduct  of  the  Executive  in  the  Foreign 
Affairs  of  the  United  States,  p.  iv. 


384  LIFE    OF   JOHN   JAY. 

unknown  before.  If  the  stipulations  we  have  mentioned 
were  improvements,  they  were  the  only  ones  of  which  the 
new  treaty  could  boast.  Mr.  Jay  had  secured  a  trade  for 
American  vessels  to  all  the  ports  of  the  British  East  Indies. 
This  trade  was  now  restricted  to  four  specified  ports.  No 
trade  was  granted  with  the  British  provinces  in  America, 
or  with  the  West  Indies.  The  treaty  contained  no  specifi 
cation  of  contraband  articles — no  precautions  against 
abuses  by  privateers — no  stipulation  against  the  citizens  of 
one  party  accepting  commissions  against  the  other — no 
provisions  for  the  security  of  merchants  and  their  effects 
in  case  of  war ;  and  no  agreement  for  the  surrender  of 
fugitives  from  justice.  On  the  whole,  with  the  exception 
of  the  restrictions  on  the  trade  with  the  enemy's  colonies, 
the  treaty  made  by  Messrs.  Monroe  and  Pinckney  was  far 
preferable  to  the  one  of  1815. 

When  this  treaty  was  about  expiring,  negotiations  were 
resumed,  but  nothing  more  could  be  obtained  than  an  ex 
tension  of  it  for  ten  years.  In  1827,  a  further  effort  was 
made  to  obtain  a  better  treaty,  but  the  British  ministry  was 
inflexible,  and  the  negotiation  resulted  in  an  indefinite  ex 
tension  of  the  existing  treaty,  with  the  privilege  to  each 
party  of  terminating  it  at  pleasure,  on  giving  the  other  a 
twelvemonth's  notice. 


LIFE    OF   JOHN   JAY.  385 


CHAPTER  XL 
1795-1801. 

Administration  of  Governor  Jay— His  Proclamation  for  a  general  Thanks 
giving — His  Conduct  in  appointing  to  Office,  and  in  pardoning  Criminals — 
Recommendation  relative  to  the  Observance  of  the  Sabbath — Re-elected 
Governor — Convenes  the  Legislature  in  the  Prospect  of  a  War  with  France 
— Law  passed  for  the  gradual  Abolition  of  Slavery — The  Governor  de 
clines  the  Office  of  Chief  Justice  of  the  United  States— Resists  the  En 
croachments  of  the  Council  of  Appointment — Removes  from  Albany — 
Presented  with  the  Freedom  of  the  City. 

ONE  of  the  first  acts  of  Governor  Jay  was  a  proclamation 
directing  certain  precautionary  measures  against  the  intro 
duction  of  the  yellow  fever  into  the  city  of  New- York. 
These  measures  unfortunately  proved  unavailing,  and  in 
the  latter  part  of  the  summer  the  city  was  visited  with  that 
distressing  pestilence.  The  governor,  believing  it  to  be  his 
duty  not  to  leave  the  city,  remained  with  his  family  during 
the  continuance  of  the  malady.  The  station  he  occupied 
induced  him,  on  the  removal  of  the  scourge,  to  call  upon 
his  fellow-citizens  throughout  the  State  to  unite  with  him 
in  public  thanksgivings  to  that  Being  through  whose  provi 
dence  the  plague  had  been  stayed. 

In  New-England,  days  of  public  thanksgiving,  and  of 
fasting  and  humiliation,  had  long  been  customary,  and  were 
recognised  by  the  laws  ;  but  in  New- York  such  days,  it  is 
believed,  had  never  been  appointed  by  the  civil  authority,  and 
the  Legislature  had  made  no  provision  for  their  observance. 
The  governor  well  knew  that  the  spirit  of  party  would 
gladly  avail  itself  of  the  present  occasion  to  impugn  his 
motives ;  and  he  therefore  took  the  precaution  to  state 

VOL.  I. D  D  D 


886  LIFE    OF   JOHN   JAY. 

explicitly  the  grounds  on  which  he  made  the  call.  In  the 
preamble  of  the  proclamation  appointing  a  public  thanks 
giving,  after  dwelling  upon  the  propriety  of  public  expres 
sions  of  gratitude  for  public  blessings,  and  enumerating 
many  of  the  distinguished  favours  which  Providence  had 
conferred  upon  the  people  of  the  State,  and  particularly 
the  cessation  of  the  late  sickness,  he  observes : 

"  Whether  the  governor  of  this  State  is  vested  with 
authority  to  appoint  a  day  for  this  purpose,  and  to  require 
and  enjoin  the  observance  of  it,  is  a  question  which,  cir 
cumstanced  as  it  is,  I  consider  as  being  more  proper  for  the 
Legislature  than  for  me  to  decide.  But  as  the  people  of 
this  State  have  constituted  me  their  chief  magistrate,  and 
being  perfectly  convinced  that  national  prosperity  depends, 
and  ought  to  depend,  on  national  gratitude  and  obedience 
to  the  Supreme  Ruler  of  all  nations,  I  think  it  proper  to 
recommend,  and  I  therefore  do  earnestly  recommend  to  the 
clergy  and  others  of  my  fellow-citizens  throughout  this  State 
to  set  apart  Thursday,  the  26th  November,  instant,  for  the 
purposes  aforesaid,  and  to  observe  it  accordingly." 

This  proclamation  was  immediately  assailed  in  the  demo 
cratic  papers,  and  the  following  letter  from  an  old  and 
ardent  friend  of  the  governor's  contains  an  ironical  state 
ment  of  some  of  the  objections  to  it. 

FROM   JUDGE    HOBART.* 

"Throggs  Neck,  18th  November,  1795. 

"  DEAR  SIR, 

"  I  have  read  with  pleasure  your  excellency's  proclama 
tion  for  a  day  of  thanksgiving  and  prayer  ;  the  causes  are 
well  assigned,  and  the  petitions  well  adapted.  Everybody 
will  agree  that  we  have  received  great  and  undeserved 
mercies,  as  a  society,  from  our  Creator ;  and  that  it  is  fit 
and  proper  we  should,  as  a  society,  acknowledge  and 

*  A  justice  of  the  Supreme  Court  of  New-York. 


LIFE    OP   JOHN    JAY.  387 

implore  the  continuance  of  them.  But  by  whose  authority 
shall  the  times  and  seasons  for  the  purpose  be  pointed  out  ? 
"  I  wot  that  in  good  olden  time  it  was  the  peculiar  province 
of  holy  church,  and  so  continued  till  Henry  the  8th,  of  pious 
memory,  made  a  kind  of  hotch-pot  business  of  it,  by  uniting 
the  ecclesiastical  and  civil  power  in  his  own  hands.  His 
example  has  been  followed  by  his  successors  to  the  present 
day:  they  issue  their  proclamations  appointing  days  for 
public  fasting,  humiliation,  and  prayer  in  times  of  public 
calamity,  and  for  public  thanksgiving  and  praise  upon  signal 
instances  of  public  mercies.  It  may  be  said  their  procla 
mations  are  authoritative,  ours  only  recommendatory.  But 
I  ask,  if  the  recommendation  does  not  partake  of  the  nature 
of  a  conge  tfelire  ? — and  who  will  be  hardy  enough  to  neg 
lect  an  acknowledged  duty  when  recommended  from  such 
high  authority  ?  Am  I  mistaken,  or  do  my  glasses  magnify 
too  much  when  I  fancy  I  see  the  cloven  foot  of  monarchy 
in  this  business  ?  Alas  !  where  are  the  direful  effects  of  this 
extraordinary  envoyship  to  end  ? — the  benefits  of  our  com 
merce  transferred  to  Britain — the  usurpations  of  its  mon 
archy  transferred  to  us.  Nor  is  this  all :  the  poor  clergy 
are  by  the  constitution  confined  to  the  cure  of  souls.  They 
may  not  intermeddle  with  the  political  concerns  of  the 
community  ;  the  door  is  for  ever  barred  against  them.  Let 
who  may  be  rulers,  they  must  be  subject.  And  shall  the 
poor  pittance  of  power,  arising  from  the  authority  of  calling 
their  congregations  together,  to  observe  particular  days  for 
religious  purposes,  be  thus  wrested  from  them  ?  It  is  in 
vain  to  say  that  no  interference  with  their  authority  is 
intended  ;  for  whether  intended  or  not,  it  may  happen  that 
our  civil  governor  may  recommend  a  thanksgiving  to  be 
celebrated  on  the  same  day  which  our  spiritual  governors 
had  set  apart  for  fasting.  The  case  I  observe  has  actually 
happened  in  the  present  instance  ;  and  I  applied  yesterday 
to  the  casuistry  of  the  parson  of  the  parish  to  decide  for  me 
between  them,  and  tell  which  ought  to  be  obeyed.  He, 


388  LIFE    OF    JOHN    JAY. 

good  man,  entered  an  advisari,  and  may  eventually  take  it 
ad  referendum.  It  seems  this  power  ought  to  be  exercised 
by  the  spiritual  or  the  civil  rulers  solely :  it  is  an  heredita 
ment  of  which  they  cannot  be  seized  as  tenants  in  common, 
unless  there  should  be  formed  such  an  intimate  alliance 
between  church  and  state  as  to  prevent  all  possibility  of 
interference. 

"  If  Camillus  can  dispose  of  these  objections  to  the  procla 
mation  in  as  handsome  a  manner  as  he  has  those  to  the 
treaty,  I  shall  tremble  for  the  fate  of  my  country  when  you 
are  sent  on  an  extra  mission  to  the  court  of  Rome,  lest  the 
same  spirit  of  imitation  might  produce  a  bull,  constituting 
another  defender,  though  I  trow  not  of  the  faith. 
"  Yours,  most  sincerely, 

"  JOHN  SLOSS  HOB  ART. 

"  His  excellency  Gov.  Jay. 

"  19th. — I  find  by  the  Daily  Advertiser  that  the  procla 
mation,  no  more  than  the  treaty,  is  to  escape  the  shafts  of 
envy  and  malevolence." 

But  there  was  still  another  objection,  not  mentioned  in 
the  letter,  and  one  which  shows  with  what  rancour  the 
father  of  his  country  was  regarded  by  a  party  whose  views 
he  had  thwarted,  by  ratifying  the  British  treaty.  Among 
other  subjects  for  prayer,  suggested  by  the  proclamation, 
was  the  preservation  "  of  the  valuable  life  and  usefulness  of 
the  President  of  the  United  States."  This  recommendation 
was  represented  in  certain  newspapers  as  insulting  to  those 
who  differed  from  the  governor  as  to  the  value  of  Wash 
ington's  life,  and  the  extent  of  his  usefulness. 

On  the  6th  January,  1796,  the  governor  met  the  Legis 
lature  for  the  first  time.  His  speech  was  concise,  and 
chiefly  confined  to  the  recommendation  of  such  laws  as  in 
his  opinion  would  promote  the  public  welfare.  It  contained 
the  following  summary  of  the  principles  by  which  his  official 


LIFE    OP   JOHN   JAY.  389 

conduct  would  be  governed ;  and  never  was  a  pledge  of 
this  nature  more  faithfully  redeemed. 

"  Permit  me  to  avail  myself  of  this  first  opportunity  which 
has  occurred,  of  expressing  through  you  to  my  constituents, 
the  high  sense  I  entertain  of  that  esteem  and  confidence 
which  prompted  them  to  place  me  in  the  station  I  now  fill. 
Fully  apprized  of  the  duties  which  it  imposes  upon  me,  my 
best  endeavours  shall  be  exerted  to  fulfil  them  ;  and  I  flatter 
myself,  that  in  the  course  of  my  administration,  the  sincerity 
of  this  assurance  will  be  found  to  rest  on  better  evidence 
than  professions  can  afford. 

"  To  regard  my  fellow-citizens  with  an  equal  eye,  to 
cherish  and  advance  merit  wherever  found,  to  consider  the 
National  and  State  governments  as  being  equally  established 
by  the  will  of  the  people,  to  respect  and  support  the  con 
stituted  authorities  under  each  of  them,  and,  in  general,  to 
exercise  the  power  vested  in  me  with  energy,  impartiality, 
and  freedom,  are  obligations  of  which  I  perceive  and 
acknowledge  the  full  force." 

By  the  constitution  of  New- York,  appointments  to  office 
were  to  be  made  by  the  governor,  with  the  advice  and  con 
sent  of  the  council  of  appointment — a  council  consisting  of 
four  senators,  annually  selected  by  the  House  of  Assembly. 
It  had  been  the  practice  since  the  commencement  of  the 
government,  for  the  governor  to  nominate,  and  for  the 
council  to  approve  or  reject  the  nomination.  The  governor's 
exclusive  right  of  nomination  had  recently  been  denied  ;  and 
the  Legislature  were  advised  by  the  speech  to  settle  the 
question  by  a  declaratory  act.  The  wisdom  of  this  advice 
was  evinced  by  subsequent  events,  to  which  we  shall  have 
occasion  to  allude.  The  speech  contained  two  other 
recommendations,  which  are  interesting  as  proposing  sys 
tems  of  policy  which  have  since  greatly  advanced  both  the 
character  arid  prosperity  of  the  State.  •  The  first  related  to 
a  mitigation  of  the  criminal  code,  and  to  establishments  for 
the  employment  and  reformation  of  criminals.  The  second 


390  LIFE    OP   JOHN   JAY. 

to  a  plan  of  internal  improvements  for  facilitating  and  mul 
tiplying  the  means  of  intercourse  between  different  parts  of 
the  State. 

The  answers  of  both  Houses  to  the  speech  were  explicit 
in  their  expressions  of  confidence  in  the  governor,  and  of 
their  high  sense  of  the  ability  and  patriotism  which  had 
marked  his  public  services ;  thus  repelling,  in  unequivocal 
terms,  the  calumnies  with  which  the  opposers  of  the  British 
treaty  had  found  it  convenient  to  assail  the  minister  who 
negotiated  it. 

In  conformity  with  the  recommendation  of  the  speech, 
the  subject  of  the  criminal  code  engaged  the  attention  of 
the  Legislature,  and  a  law  was  passed  expunging  from  it 
many  of  the  sanguinary  features  which  it  had  borrowed 
from  the  jurisprudence  of  the  mother  country,  and  provision 
was  made  for  the  erection  of  a  state-prison;  criminals  sen 
tenced  to  imprisonment,  having  hitherto  been  confined  in  the 
jails  of  the  counties  in  which  they  had  been  convicted. 

When  we  recollect  the  sentiments  uniformly  avowed  by 
Governor  Jay  in  relation  to  slavery,  it  may  seem  singular 
that  no  proposition  for  its  abolition  was  contained  in  his 
speech.  It  was  no  doubt  omitted  from  the  conviction  that 
in  the  present  state  of  politics,  such  a  proposition  emanating 
from  him,  would  enlist  the  spirit  of  party  in  opposition  to 
a  measure,  against  which  the  prejudices  of  a  large  portion 
of  the  community  were  already  arrayed.  He  therefore 
deemed  it  most  prudent  that  the  measure  should  originate 
with  the  Legislature.  Accordingly,  a  few  days  after  the 
commencement  of  the  session,  a  member  of  the  lower  House, 
and  an  intimate  friend  of  the  governor's,  asked  leave  to 
introduce  a  bill  for  the  gradual  abolition  of  slavery.  This 
request,  which  is  usually  granted  as  a  matter  of  course, 
was  unexpectedly  resisted,  and  leave  was  finally  given  by 
a  small  majority.  The  vote  evinced  the  strong  repugnance 
felt  by  the  house,  even  to  take  the  subject  into  consideration. 
The  bill  underwent  a  protracted  discussion,  and  was  ulti- 


LIFE    OP   JOHN    JAY.  391 

mately  defeated  by  a  resolve,  that  it  would  be  unjust  to 
deprive  any  citizen  of  his  property,  without  a  reasonable 
pecuniary  compensation,  at  the  expense  of  the  State.  It 
was  well  understood  by  all,  that  on  this  condition,  it  was 
impracticable  to  abolish  slavery ;  and  no  further  attempt 
to  carry  the  bill  was  made  during  the  session.  An  import 
ant  point  had,  however,  been  gained  by  its  introduction. 
The  discussion  had  awakened  public  attention  to  the  subject, 
and  the  friends  of  justice  and  humanity  were  well  assured, 
that  the  more  the  evils  of  slavery  were  exposed,  the  sooner 
would  the  public  demand  its  extinction. 

An  opportunity  soon  presented  itself  for  testing  the  sin 
cerity  of  the  governor's  promise,  that  he  would  regard  his 
fellow-citizens  with  an  equal  eye,  and  exercise  with  impar 
tiality  the  powers  intrusted  to  him.  For  about  eighteen 
years  the  administration  of  the  State  had  been  in  the  hands 
of  Governor  Clinton,  and  most  if  not  all  the  offices  in  his 
gift  were  filled  by  his  political  friends.  For  the  last  six 
years  the  citizens  had  been  divided  into  two  great  parties, 
possessing  opposite  views  and  principles,  and  lavish  in  their 
criminations  of  each  other.  The  late  election  had  trans 
ferred  the  official  patronage  of  the  State  to  Mr.  Jay,  and 
it  was  not  perhaps  an  unreasonable  expectation,  that  a 
popular  leader  would  reward  his  followers,  or  that  a  regard 
to  his  own  interests  would  induce  him  to  wrest  from  his 
enemies  such  means  of  annoyance  as  were  supplied  by 
situations  of  profit  and  influence.  It  was  also  recollected 
that  Mr.  Jay  had  three  years  before  been  excluded  from 
the  place  he  now  filled,  by  a  party  act  of  at  least  question 
able  morality  ;  and  that  he  now  was,  and  had  been  for  the 
last  year,  the  constant  theme  of  the  most  malignant  insult 
and  abuse,  by  the  very  party  to  which  almost  every  office 
holder  in  the  State  belonged.  Soon  after  the  meeting  of 
the  Legislature,  the  council  of  appointment  was  summoned 
by  the  governor,  and  it  is  not  surprising  that  his  friends, 
flashed  with  their  recent  triumph,  now  anticipated  the  spoils 


392  LIFE    OF    JOHN    JAY. 

of  victory.  But  their  hopes  were  disappointed.  The 
governor  they  had  elected  was  the  governor  of  the  State, 
and  not  of  a  party ;  and  he  resolved  to  dispense  his  patron 
age  for  the  good  of  the  whole,  and  not  of  his  friends. 
Hence  the  council  was  called  on  by  the  governor  only  to 
fill  vacancies  where  they  existed,  but  not  to  remove  any 
from  office,  as  a  punishment  for  political  heresies.  During 
the  six  years  of  Governor  Jay's  administration,  not  one 
individual  was  dismissed  by  him  from  office  on  account  of 
his  politics.  So  long  as  an  officer  discharged  his  duties 
with  fidelity  and  ability,  he  was  certain  of  being  con 
tinued,  and  hence  his  devotion  to  the  public  became 
identified  with  his  personal  interest.  It  is  related  that  in 
the  council,  a  member  was  urging  in  behalf  of  a  candidate 
his  zeal  and  usefulness  as  a  federalist,  when  he  was  inter 
rupted  by  the  governor,  with  "  That,  sir,  is  not  the  question  ; 
is  he  fit  for  the  office  ?" 

But  if,  on  the  one  hand,  he  refused  to  consult  the  interests 
of  his  friends  in  preference  to  those  of  the  public ;  on  the 
€>ther,  no  considerations  of  policy  could  seduce  him  into 
acts  of  injustice  or  ingratitude  towards  them.  An  active 
federalist  strongly  advised  him  to  appoint  a  gentleman  of 
the  opposite  party  to  an  important  office.  The  governor 
remarked,  that  the  office,  instead  of  being  vacant,  was 
already  filled  by  one  who  was  a  federalist,  and  against 
whom  he  had  received  no  complaint,  and  expressed  his  sur 
prise  that  he  should  be  pressed  to  remove  him,  in  order  to 
make  room  for  a  political  opponent.  He  was  assured,  in 
reply,  that  the  present  incumbent  had  no  influence,  whereas 
the  person  recommended  had  a  great  deal,  and  would,  if 
appointed,  use  it  all  in  behalf  of  the  administration.  "  And 
do  you,  sir,"  said  the  governor,  indignantly,  "  advise  me  to 
sell  a  friend,  that  I  may  buy  an  enemy  ?" 

The  period  for  which  General  Washington  had  been 
elected  president  was  now  approaching  its  conclusion,  and 
his  friends  became  solicitous  to  obtain  his  consent  to  a  re- 


LIFE    OF   JOHN    JAY. 

election.  The  first  intimation  of  the  determination  he  had 
made  to  retire  from  public  life  at  the  end  of  the  present 
term,  was,  it  is  believed,  elicited  in  the  following  corre 
spondence. 

"TO    GEORGE    WASHINGTON. 

"  New- York,  April  18th,  1796. 
"DEAR    SlR, 

"  You  can  have  very  little  time  for  private  letters,  and 
therefore  I  am  the  more  obliged  by  the  one  you  honoured 
me  with  on  the  31st  of  last  month.  Your  answer  to  the 
call  for  papers  meets  with  very  general  approbation  here. 
The  prevailing  party  in  the  House  of  Representatives  ap 
pear  to  me  to  be  digging  their  political  grave.  I  have  full 
faith  that  all  -will  end  well,  and  that  France  will  find 
the  United  States  less  easy  to  manage  than  Holland  or 
Geneva. 

"  The  session  of  our  Legislature  is  concluded,  and 
nothing  unpleasant  has  occurred  during  the  course  of  it.  I 
think  your  measures  will  meet  with  general  and  firm  sup 
port  from  the  great  majority  of  this  State.  There  is  no 
defection  among  the  federalists  ;  as  to  the  others,  they  will 
act  according  to  circumstances. 

"  These  contentions  must  give  you  a  great  deal  of  trouble ; 
but  it  is  apparent  to  me,  that  the  conclusion  of  them,  like  the 
conclusion  of  the  late  war,  will  afford  a  train  of  reflections 
which  will  console  and  compensate  you  for  it. 

"  Attachment  to  you,  as  well  as  to  our  country,  urges 
me  to  hope  and  to  pray  that  you  will  not  leave  the  work 
unfinished.  Remain  with  us  at  least  while  the  storm  lasts, 
and  until  you  can  retire  like  the  sun  in  a  calm  unclouded 
evening. 

"  May  every  blessing,  here  and  hereafter,  attend  you. 

"  I  am,  dear  sir, 
"  Your  obliged  and  affectionate  servant, 

"  JOHN  JAY." 

VOL.  I. E  E  E 


894  LIFE    OF    JOHN    JAY. 

"TO    JOHN    JAY. 

"  [Private.] 

«  Philadelphia,  8th  May,  1796. 
"MY    DEAR    SlR, 

"  You  judged  very  right  when,  in  your  letter  of  the  18th 
ultimo,  you  observed,  '  I  can  have  very  little  time  for  pri 
vate  letters.'  But  if  my  friends  will  put  up  with  the  hasty 
and  indigested  ones  I  can  write,  under  such  circumstances, 
there  are  a  few  of  them  (among  whom  allow  me  the  grati 
fication  to  place  you)  with  whom  I  should  feel  very  happy 
to  correspond,  and,  while  I  hold  my  present  office,  to  learn 
their  sentiments  upon  any  of  the  important  measures  which 
come  before  the  executive  of  the  United  States. 

"  I  am  sure  the  mass  of  citizens  in  the  United  States 
mean  well,  and  I  firmly  believe  they  will  always  act  well 
whenever  they  can  obtain  a  right  understanding  of  matters ; 
but  in  some  parts  of  the  Union,  where  the  sentiments  of 
their  delegates  and  leaders  are  adverse  to  the  government, 
and  great  pains  are  taken  to  inculcate  a  belief  that  their 
rights  are  assailed  and  their  liberties  endangered,  it  is  not 
easy  to  accomplish  this ;  especially  (as  is  the  case  invariably) 
when  the  inventors  and  abettors  of  pernicious  measures  use 
infinitely  more  industry  in  disseminating  the  poison,  than  the 
well-disposed  part  of  the  community  do  to  furnish  the  anti 
dote.  To  this  source  all  our  discontents  may  be  traced, 
and  from  it  our  embarrassments  proceed.  Hence  serious 
misfortunes,  originating  in  misrepresentation,  frequently 
flow  and  spread  before  they  can  be  dissipated  by  truth. 

"  These  things  do,  as  you  have  supposed,  fill  my  mind 
with  much  concern  and  with  serious  anxiety.  Indeed,  the 
trouble  and  perplexities  which  they  occasion,  added  to  the 
weight  of  years  which  have  passed  upon  me,  have  worn 
away  my  mind  more  than  my  body,  and  render  ease  and 
retirement  indispensably  necessary  to  both  during  the  short 
time  I  have  to  remain  here. 


LIFE    OP   JOHN   JAY.  395 

"  It  would  be  uncandid,  therefore,  and  would  discover  a 
want  of  friendly  confidence  (as  you  have  expressed  a  soli 
citude  for  my,  at  least,  riding  out  the  storm)  not  to  add, 
that  nothing  short  of  events,  or  such  imperious  circum 
stances  (which  I  hope  and  trust  will  not  happen)  as  might 
render  a  retreat  dishonourable,  will  prevent  the  public  an 
nunciation  of  it  in  time  to  obviate  waste  or  misapplied 
votes,  at  the  election  of  president  and  vice-president  of  the 
United  States  in  December  next,  upon  myself. 

"  I  congratulate  you  on  the  tranquil  session  just  closed  in 
your  State,  and  upon  the  good  dispositions  generally  which, 
I  am  informed,  prevail  among  the  citizens  thereof. 

"  With  the  most  friendly  sentiments,  I  remain,  dear  sir, 
"  Your  obedient  and  affectionate  servant, 

"  GEO.  WASHINGTON." 

In  September,  the  president  published  his  justly  cele 
brated  Farewell  Address ;  and  in  the  succeeding  November 
a  special  session  of  the  New- York  Legislature  was  held  for 
the  purpose  of  appointing  electors  of  president.  The  gov 
ernor  embraced  the  opportunity  thus  offered  of  paying  a 
public  tribute  to  the  services  and  character  of  this  great 
and  good  man.  "  The  period,"  said  the  governor  in  his 
speech,  "  fixed  for  the  election  of  a  president  of  the  United 
States  is  approaching,  and  the  measures  preparatory  to  it 
in  this  State  are  now  to  be  taken.  In  every  possible  situ 
ation  of  our  national  affairs,  whether  of  peace  or  war,  of 
tranquillity  or  of  ferment,  of  prosperity  or  misfortune,  this 
object  will  not  cease  to  demand  the  utmost  care  and  cir 
cumspection. 

"  Hitherto  embarrassments  arising  from  competitions, 
and  from  the  influences  incident  to  them,  have  not  been  ex 
perienced  ;  they  have  been  excluded  by  the  uniform  and 
universal  confidence  reposed  in  that  illustrious  patriot,  who 
being  distinguished  as  the  father  and  ornament  of  his  coun 
try,  by  a  series  of  great  and  disinterested  services,  was  also 


396  LIFE    OP   JOHN   JAY. 

eminently  qualified  by  an  uncommon  assemblage  of  virtues 
and  talents  for  that  important  and  exalted  station. 

"  But  that  extraordinary  man,  having  with  admirable 
wisdom  and  fortitude  conducted  the  nation  through  various 
vicissitudes  and  unpropitious  circumstances  to  unexampled 
prosperity,  is  now  about  to  retire.  Mankind  has  not  been 
accustomed  to  see  the  highest  military  and  civil  power  of 
a  nation  so  received,  used,  and  resigned,  as  they  have  been 
in  this  glorious  instance." 

1797.]  In  January  the  Legislature  again  assembled, 
and  a  bill  was  brought  into  the  Senate  for  the  gradual  aboli 
tion  of  slavery.  The  opposition  to  this  bill  was  less  open 
than  that  which  it  had  experienced  in  the  other  House  the 
preceding  winter,  but  it  was  not  perhaps  less  insidious. 
Its  consideration  was  postponed  from  time  to  time  by  a  hos 
tile  majority,  till  the  session  expired  without  a  vote  being 
taken  on  its  merits. 

On  the  25th  November  of  this  year,  the  new  state-prison 
was  opened  for  the  reception  of  convicts.  This  was  the 
commencement  of  a  new  era  in  the  criminal  jurisprudence 
of  New-York.  A  sanguinary  code  had  been  abolished, 
and  the  penalty  of  death  had,  in  many  instances,  been  com 
muted  for  imprisonment  at  hard  labour  in  the  new  prison. 
To  the  governor  was  confided  the  power  of  pardoning ; 
and  certainly  no  other  official  function  so  often  exacted 
from  him  the  sacrifice  of  feeling  to  duty.  The  petitions  for 
pardons  were  numerous,  and  they  were  frequently  presented 
under  circumstances  which  required  great  firmness  to  re 
sist  them.  In  two  instances,  the  governors  of  neighbour 
ing  States  applied  to  him  by  letter,  soliciting  the  pardon  of 
convicts  from  their  States,  who  happened  to  be  respectably 
connected.  In  another  case,  the  clergy,  magistrates,  and 
inhabitants  of  a  town  in  Connecticut  united  in  a  petition  in 
behalf  of  a  fellow-townsman.  But  perhaps  in  no  instance 
did  the  governor  find  it  more  difficult  to  withstand  the 
solicitations  of  his  friends,  and  the  impulses  of  his  own 


LITE   OP  JOHN   JAY.  397 

feelings,  as  in  one  which  excited  a  general  and  painful  in 
terest.  The  son  of  a  worthy  revolutionary  officer,  who 
had  lost  a  limb  in  the  public  service,  had  been  convicted  of 
forgery,  and  sentenced  to  imprisonment  for  life.  The  aged 
and  broken-hearted  parent  repaired  from  a  distant  part  of 
the  State  to  the  capital,  to  invoke  in  person  the  clem 
ency  of  the  executive,  bringing  with  him  from  the  towns 
through  which  he  passed  petitions  urging  his  suit ;  while 
the  governor's  most  confidential  friends,  and  the  great 
officers  of  state,  solicited  him  in  private,  to  liberate  the 
prisoner,  in  consideration  of  the  father.  But  all  was  in 
vain.  A  pardon,  on  the  ground  on  which  this  was  asked, 
would  have  been  an  admission  that  the  children  of  deserving 
parents  might  commit  crimes  with  impunity ;  and  that  an 
offender,  whose  connexions  were  numerous  and  influential, 
was  entitled  to  more  lenity  than  the  friendless  and  obscure. 
The  principles  on  which  the  governor  exercised  this  im 
portant  prerogative  may  be  gathered  from  some  of  his 
letters  on  the  subject. 

"  TO  THE  JUSTICES   AND    SELECTMEN    OF   THE    TOWN   OF 
NORWALK,  CONN. 

"  New- York,  2d  July,  1798. 

"  GENTLEMEN, 

"  I  have  received  the  petition  by  which  you  and  other 
inhabitants  of  the  town  of  Norwalk  request  that  a  pardon 
may  be  granted  to  Stephen  Belknap,  who  was  lately  con 
victed  of  attempting,  in  concert  with  other  prisoners,  to 
effect  their  escape  from  the  jail  of  this  city  by  force  of  arms. 
The  jail  of  the  city  was  broken,  the  citizens  alarmed,  one  of 
them  was  shot  and  severely  wounded,  and  the  lives  of  others 
of  them  greatly  endangered.  For  this  offence  he  was  sen 
tenced  to  imprisonment  and  hard  labour  in  the  state-prison 
for  eighteen  months,  and  to  a  fine  of  no  great  amount. 

"  This  correct  and  well-written  petition  appears  to  have 
been  dictated  by  pure  and  commendable  motives.  From 


398  LIFE    OF    JOHN   JAY. 

the  characters  of  the  subscribers  I  am  convinced  that  entire 
credit  is  due  to  the  facts  stated  in  it,  and  that  the  reputa 
tion,  circumstances,  and  connexions  of  Stephen  Belknap  are 
truly  represented. 

"  I  feel  the  force  of  the  considerations  you  urge,  and  sin 
cerely  sympathize  with  the  young  man's  father  in  the  afflic 
tion  which  he  must  necessarily  experience  from  so  distress 
ing  an  event. 

"  It  is  true  that  I  have  authority  to  grant  him  a  pardon ; 
but  that  authority,  you  well  know,  gentlemen,  is  to  be  con 
sidered  as  a  trust  to  be  executed,  not  according  to  my  will 
and  inclination,  but  with  sound  discretion,  and  on  principles 
which  reconcile  mercy  to  offenders,  with  the  interests  of  the 
public. 

"  In  free  states  the  laws  alone  bear  rule ;  and,  to  that 
end,  respect  for  and  obedience  to  them  is  indispensable  to 
the  order,  comfort,  and  security  of  society.  Belknap's 
offence  includes  disrespect  to  the  laws,  opposition  and  de 
fiance  to  their  authority,  and  a  most  unjustifiable  combina 
tion  to  break  from  their  control  by  force  of  arms,  and  with 
out  regard  to  the  blood  and  lives  of  faithful  officers  and 
innocent  citizens. 

"  The  punishment  to  which  he  has  been  adjudged  is  mild, 
and  they  who  visit  the  state-prison  will  find  that  he  has 
nothing  but  his  confinement  to  complain  of.  After  having 
very  maturely  considered  this  case,  it  appears  to  me  that 
the  nature  of  his  offence  is  such  as  that  a  pardon  would  not 
be  a  prudent  or  a  seasonable  measure.  The  civil  magis 
trates  and  ministers  of  justice  must  be  protected,  and  that 
so  decidedly  as  to  let  it  be  seen  and  felt,  that  violences  and 
outrages  against  them  cannot  be  committed  with  impunity. 
To  pardon  and  discharge  such  an  offender  almost  directly 
after  his  commitment  to  the  state-prison  would,  instead  of 
producing  the  proper  impressions  on  him  and  others,  natu 
rally  excite  disgust  and  indignation  in  the  peace-officers, 
and  be  censured,  if  not  generally,  at  least  by  those  who 


LIFE    OF    JOHN    JAY.  399 

think  our  present  penal  code  too  mild.  Besides,  should  a 
pardon  be  granted  to  Belknap  and  refused  to  his  fellow- 
offenders,  it  would  be  difficult  so  to  discriminate  him  from 
all  the  others  as  to  avoid  that  partiality  and  respect  to  per 
sons  which  both  justice  and  policy  forbid.  Although  too 
much  severity  is  inhumanity,  yet  unless  mercy  is  extended 
with  great  discretion,  it  will  encourage  offences  and  ulti 
mately  multiply  punishments. 

"  It  also  merits  consideration,  that  many  judicious  and 
well-disposed  citizens  among  us  think  that  more  sanguine 
expectations  are  entertained  from  our  present  mild  or  (as 
some  call  it)  relaxed  system' of  punishments  than  will  ever 
be  realized.  Prudence  directs  that  it  should  have  a  fair 
trial,  and  therefore  that  the  supposed  objections  to  it  should 
not  be  permitted  to  derive  strength  and  support  from  the 
frequency  of  pardons,  in  cases  where  the  propriety  of  them 
is  justly  liable  to  doubt  and  question. 

"  I  submit  these  reflections  to  your  candid  consideration  ; 
and  I  assure  you  that  I  sincerely  regret  their  constraining 
me  to  forego  the  satisfaction  I  should  derive  from  a  com 
pliance  with  your  request. 

"  It  is  pleasant  to  gratify  those  who  wish  us  well,  and 
whom  we  esteem  and  respect;  but  there  are  occasions 
when  we  must,  however  reluctantly,  deny  ourselves  that 
pleasure. 

"  I  have  the  honour  to  be,  gentlemen, 
"  Your  humble  servant, 

"JoHN  JAY." 

"  TO    GENERAL    WILLIAMS. 

«  SIR, 

"  I  have  been  favoured  with  yours  of  the  28th  May,  men 
tioning  that  the  friends  of  William  Moncrief  are  anxious  for 
his  release  from  imprisonment,  and  that  the  people  appear 
to  be  satisfied  with  the  punishment  he  has  received.  How 
far  these  circumstances  afford  proper  reasons  and  princi- 


400  LIFE    OF   JOHN   JAY. 

pies  whereon  to  found  a  pardon,  is  a  question  which,  after 
due  consideration,  will  not,  I  presume,  appear  very  difficult 
to  decide. 

"  The  power  of  pardoning  is  committed  by  the  constitu 
tion  to  the  prudence  and  discretion,  and  not  the  wishes  or 
feelings  of  the  governor.  If  it  was  confided  to  the  latter, 
very  few  convicts  would  be  long  imprisoned.  I  believe  it 
to  be  my  duty  to  pardon  all  who,  in  my  judgment,  ought  to 
be  pardoned,  and  to  refuse  pardons  to  all  who,  on  principles 
of  sound  policy  and  justice,  ought  not  to  have  them.  To 
pardon  or  not  to  pardon  does  not  depend  on  my  will,  but  on 
my  judgment ;  and  for  the  impartial  and  discreet  exercise 
of  this  authority  I  am  and  ought  to  be  highly  responsible. 

"  I  am,  sir, 
"  Your  most  obedient  servant, 

"JOHN  JAY." 

The  moderation  and  forbearance  evinced  by  Governor 
Jay  towards  his  political  opponents  arose  from  other  and 
higher  motives  than  a  desire  to  conciliate  their  favour  ; 
and  he  was,  therefore,  neither  surprised  nor  disappointed  at 
finding  the  electioneering  campaign  opened  against  him  at 
least  one  year  before  the  expiration  of  his  term  of  service. 
His  enemies  took  the  field  under  the  banners  of  his  old 
friend  Chancellor  Livingston,  whom  they  announced  as 
their  candidate  for  governor.  Mr.  Jay  would  gladly  have 
retired  from  the  contest,  but  the  indignities  which  France 
was  at  this  time  heaping  upon  his  country,  and  the  proba 
bility  that  they  would  soon  lead  to  war,  forbade  him  to  con 
sult  only  his  personal  gratification.  His  fellow-citizens  still 
claimed  his  services,  arid  he  resolved  not  to  abandon  the 
helm  at  a  moment  when  the  lowering  clouds  portended  a 
storm. 

No  competitor  could  probably  have  been  selected  with 
whom  he  would  have  been  more  reluctant  to  contend  than 
the  chancellor.  Ancient  friendship  and  ancient  associa- 


LIFE    OP   JOHN    JAY.  401 

tions  must  have  rendered  it  peculiarly  painful  to  him  to  find 
in  his  old  companion  and  fellow-labourer  a  voluntary  rival. 
But  whatever  may  have  been  his  reflections  on  the  occa 
sion,  they  wrere  confined  to  his  own  bosom ;  and  nothing 
unkind  towards  his  opponent  escaped  from  his  lips  or 
his  pen. 

On  the  2d  of  January,  1798,  the  governor  opened  the 
session  of  the  Legislature  with  a  speech  which,  as  usual,  was 
chiefly  confined  to  topics  of  local  interest.  There  was  one 
passage,  however,  which  marked  his  reverence  for  religion. 
"  There  is,"  he  observed,  "  much  reason  to  regret  that  more 
respect  is  not  generally  paid  to  the  injunctions  of  the  act 
relative  to  Sunday.  If  the  Sabbath  be,  as  I  am  convinced 
it  is,  of  Divine  appointment,  this  subject  ought  not  to  be 
regarded  with  indifference." 

The  answers  of  both  Houses  were  respectful,  and  a  promise 
was  given  that  the  suggestion  relative  to  the  Sabbath 
should  engage  their  attention.  The  subject  in  the  lower 
House  was  referred  to  a  special  committee  ;  and  their  report 
is  interesting,  as  showing  that  it  was  not  then  supposed  to 
be  inconsistent  with  the  principles  of  either  civil  or  religious 
freedom,  to  guard  the  Sabbath  from  profanation  by  legal 
enactments. 

"  The  committee  to  whom  was  referred  that  part  of  his 
excellency's  speech  relative  to  the  observation  of  the  Sab 
bath,  report — that  the  committee  being  impressed  with  this 
solemn  truth,  that  righteousness  exalteth  a  nation,  and  that 
sin  is  a  reproach  to  any  people ;  and  also  considering  the 
positive  command  of  the  Supreme  Lawgiver,  REMEMBER 
THE  SABBATH  TO  KEEP  IT  HOLY,  as  being  a  moral  duty 
binding  upon  all  men  ;  and  also  viewing  with  sincere  regret 
the  frequent  and  open  violation  of  the  Sabbath, — they  are 
of  opinion  that  the  law  respecting  the  Sabbath  ought  to  be 
so  altered  as  to  prevent  the  profanation  thereof,  at  least  so 
far  as  such  practices  tend  to  disturb  the  peace  and  good 
order  of  civil  society ;  and  they  have  prepared  a  bill  for  that 

VOL.  I. F  F  F 


402  LIFE    OF   JOHN   JAY. 

purpose,  entitled  '  An  Act  to  prevent  the  profanation  of  the 
Sabbath/  which  they  ask  leave  to  bring  in." 

This  bill,  in  its  progress  through  the  House,  was  sup 
ported  by  a  very  large  majority,  including  the  leading  men 
of  both  parties,  and  it  became,  with  some  alterations,  a  law 
of  the  State. 

The  bill  for  the  abolition  of  slavery  was  brought  forward 
for  the  third  time.  The  opposition  to  it  in  the  lower  House 
was  vigorous  ;  and  an  attempt  was  made  to  destroy  the  bill 
by  adding  to  it  a  clause,  providing  for  the  remuneration  of 
the  owners  of  manumitted  slaves.  The  attempt  failed, 
and  after  much  delay  and  discussion,  the  bill  was  carried 
by  a  majority  of  twenty-six  votes.  But  the  triumph  was 
incomplete,  as  the  bill  had  yet  to  pass  the  ordeal  of  the 
Senate,  and  in  that  body  it  was  rejected. 

In  the  month  of  April  of  this  year,  the  election  for  gov 
ernor  was  held.  The  democratic  party  made  great  efforts 
to  place  Chancellor  Livingston  in  the  chair  of  state,  but 
Governor  Jay  was  re-elected  by  a  large  and  greatly  in 
creased  majority. 

The  foreign  relations  of  the  United  States  continued  to 
wear  a  threatening  aspect.  The  insults  of  the  French 
Directory,  and  their  depredations  upon  American  com 
merce,  had  now  proceeded  to  such  lengths  as  in  the  opinion 
of  many  to  render  war  inevitable.  Under  these  circum 
stances,  the  governor  thought  it  proper  to  issue  his  proc 
lamation,  convening  the  Legislature,  in  order  that  the 
necessary  measures  for  the  security  of  the  city  and  State 
of  New- York  might  be  taken  without  delay. 

General  Washington  had  already,  in  anticipation  of  a 
war  with  France,  accepted  the  situation  of  commander-in- 
chief  of  the  American  army.  In  reference  to  this  appoint 
ment,  he  remarked  in  one  of  his  letters,  "  The  principle  by 
which  my  conduct  has  been  actuated  through  life  would 
not  suffer  me,  in  any  great  emergency,  to  withhold  any  ser 
vices  I  could  render,  when  required  by  my  country,  espe- 


LIFE    OF   JOHN    JAY.  403 

cially  in  a  case  where  its  dearest  rights  are  assailed  by 
lawless  and  intoxicated  power,  in  contempt  of  justice,  and 
in  violation  of  solemn  compacts,  and  of  laws  which  govern 
all  civilized  nations ;  and  this  too  with  the  obvious  intent 
to  sow  thick  the  seeds  of  disunion,  for  the  purpose  of  sub 
jugating  our  government,  and  destroying  our  independence 
and  happiness." 

The  opinion  thus  expressed  by  Washington,  of  the  con 
duct  of  France,  was  entertained  by  a  large  proportion  of 
his  countrymen :  the  pulse  of  the  nation  beat  high  for  war ; 
and  the  popular  sentiment  of  the  day — "  Millions  for  de 
fence,  not  a  cent  for  tribute,"  truly  expressed  the  feelings 
of  the  people.  Patriotic  addresses  from  public  meetings  to 
the  constituted  authorities  were  frequent,  and  manifested  a 
firm  resolution  to  maintain  the  honour  and  rights  of  the 
country.  The  following  address  and  answer  will  help  to 
show  the  spirit  of  the  times. 

Address  of  the  Inhabitants  of  Washington  County,  convened 
at  Hartford,  by  Public  Notice,  on  the  9th  of  August,  1798. 

"TO    HIS  EX.C.EL,LJi:JNCY    JOHN    JAY,    ESQ., 

"  Governor  of  the  State  of  New-York. 

"  SIR, 

"  We  cheerfully  embrace  this  opportunity  of  congratu 
lating  you  upon  your  re-election  to  the  elevated  office  of 
first  magistrate  of  this  State  ;  and  we  regard  it  a  mark  of 
discernment  in  our  citizens,  both  pleasing  and  encouraging, 
that  notwithstanding  the  false,  the  foul,  and  inflammatory 
publications  industriously  circulated  to  defeat  their  inten 
tions,  such  a  respectable  majority  of  their  suffrages  should 
appear  for  one  whose  attachment  to  their  liberties  has  been 
uniform,  whose  firmness  in  prosecuting  them  inflexible,  and 
whose  integrity  in  every  part  of  his  official  conduct  is  un 
impeachable. 

"  We  are  happy  that,  agreeably  to  that  firmness  which 
has  uniformly  marked  your  public  conduct,  you  have  this 


404  LIFE    OF   JOHN   JAY. 

day  convened  our  Legislature  to  co-operate  with  the  Presi 
dent  of  the  United  States,  in  concerting  measures  for  our 
common  defence. 

"  We  humbly  hope  that  they  will  cordially  concur  in 
every  measure  which  your  wisdom  may  deem  useful  and 
requisite. 

"  Peace  we  estimate  as  one  of  the  most  precious  gifts  of 
Heaven,  and  with  heartfelt  emotions  of  gratitude  we  adore 
the  Ruler  of  nations  for  our  long,  uninterrupted  enjoyment 
of  it ;  but  basely  to  pursue  this  blessing  at  the  expense  of 
our  liberty  is  undutiful,  not  only  to  ourselves,  but  also  to 
that  benignant  Deity  who  decreed  that  man  should  be  free. 
The  moment  that  an  individual  or  a  nation  passively 
receives  the  insults  of  oppression,  they  sink  from  that 
elevation  of  character  for  which  they  were  originally 
destined. 

"  Under  the  impressions  of  this  great  truth,  while  we 
express  unlimited  confidence  in  your  wisdom  and  rectitude, 
we  solemnly  pledge  ourselves,  at  the  hazard  of  OUT  property 
and  blood,  to  support  you  in  every  laudable  measure. 

"  Signed  by  order,  and  in  behalf  of  the  meeting, 

"JOHN  WILLIAMS,  Chairman" 

"  To  the  Inhabitants  of  Washington  County,  who  convened 
at  Hartford,  by  Public  Notice,  on  the  9th  of  August,  1798. 

"  Albany,  16th  August,  1798. 
"  GENTLEMEN, 

"  The  address  with  which  you  have  honoured  me  con 
tains  congratulations  and  assurances  which  I  receive  with 
gratitude.  I  view  the  conduct  of  the  French  Directory 
towards  this  country  in  the  same  light  as  you  do ;  and  ob 
serve  with  pleasure  that  your  sentiments  and  resolutions 
respecting  it  are  such  as  become  Americans. 

"  It  is  worthy  of  consideration  that  wTe  have  no  liberty  to 
acquire,  but  much  to  preserve  ;  we  already  possess  all  the 
liberty  that  men  can  have — the  entire  and  perfect  liberty  of 


LIFE    OP   JOHN   JAY.  405 

governing  ourselves.  Every  principle  of  honour  and  interest 
calls  upon  us  to  use  this  liberty  wisely,  and  to  unite  in  pre 
paring  to  defend  it  with  the  like  spirit  and  perseverance 
with  which  it  was  obtained.  Accept  my  best  wishes  for 
the  prosperity  of  your  county,  and  that,  as  it  bears  the 
name,  so  may  it  also  cherish  the  patriotism  and  other  virtues 
which  distinguish  the  illustrious  WASHINGTON. 

"JoHN  JAY." 

On  the  2d  of  August,  the  governor  opened  the  session  of  the 
Legislature  with  a  speech,  in  which,  after  taking  a  succinct 
view  of  the  insidious  and  hostile  policy  of  the  French  re 
public  towards  the  United  States,  he  referred  to  the  pre 
cautionary  measures  taken  by  the  general  government,  and 
to  the  duty  of  the  Legislature  to  co-operate  in  them. 
"  While  security,"  he  remarked,  "  is  the  question,  the  ex 
pense  of  providing  for  it  is  a  secondary  consideration.  It 
is  to  be  regretted,  that  too  many  of  our  citizens  seem  to 
have  inadvertently  flattered  themselves  that,  unlike  all 
other  people  past  or  present,  they  were  to  be  exempt  from 
taxes.  But,  whatever  difficulties,  or  differences  of  opinions, 
may  exist  or  occur  relative  to  our  domestic  expenses,  it 
certainly  becomes  us  unanimously  and  firmly  to  resolve 
that  they  shall  not  be  increased  by  tribute  or  contributions 
to  any  foreign  nation.  The  great  Sovereign  of  the  uni 
verse  has  given  us  independence,  and  to  that  inestimable 
gift  has  annexed  the  duty  of  defending  it.  We  may  be 
involved  in  a  severe  contest,  but  we  have  no  reason  to 
despair  of  success.  The  United  States  cannot  be  con 
quered  but  by  civil  discord  under  foreign  dictation ;  and 
it  is  useful  to  recollect,  that  to  this  cause  all  fallen  republics 
have  owed  their  destruction.  History  will  declare  to  future 
ages  that  the  United  States  were  as  kind  as  a  neutral  nation 
could  with  justice  be  to  the  republic  of  France,  in  the  day 
when  her  destiny  was  doubtful :  it  is  to  be  hoped,  that  his 
tory  will  also  declare,  that  when,  in  the  day  of  her  power, 


406  LIFE    OP   JOHN   JAY. 

France  became  tyrannical  as  well  as  triumphant,  and  had 
indecently  required  us  to  descend  and  take  a  place  among 
her  tributaries,  the  United  States  spurned  her  requisition, 
and  maintained  their  dignity." 

The  sentiments  of  the  governor  were  cordially  recipro 
cated  in  the  answers  to  his  speech.  For  the  moment, 
the  voice  of  faction  was  drowned  in  a  loud  and  vehement 
burst  of  indignation  against  the  insulting  cupidity  of  the 
French  Directory  ;  and  the  Legislature  unanimously  voted 
a  patriotic  address  to  the  president,  pledging  the  support  of 
the  State  of  New- York  in  his  endeavours  to  maintain  the 
rights  and  honour  of  the  nation.  They  then  passed  an  act, 
appropriating  a  large  sum  of  money  for  the  erection  of  for 
tifications  and  the  purchase  of  arms,  to  be  expended  by  the 
governor,  and  at  his  discretion.  This  law  imposed  a  heavy 
responsibility  upon  the  governor,  but  the  prudence  and 
fidelity  with  which  he  carried  it  into  execution  secured  him 
from  censure.  The  disbursement  of  the  money  he  com 
mitted  to  his  friend  General  Clarkson,  in  whose  probity  the 
public,  as  well  as  himself,  had  unlimited  confidence.  To 
General  Hamilton,  who  was  then  inspector-general  of  the 
American  army,  was  intrusted  the  superintendence  of  the 
works  to  be  constructed  for  defence :  and  Mr.  King,  the 
American  minister  in  London,  was  commissioned  to  pur 
chase  the  necessary  arms. 

About  this  period  an  effort  was  made  by  several  of  the 
States  to  procure  an  alteration  to  the  constitution  of  the 
United  States,  by  which  foreigners  should  be  excluded  from 
office.  This  effort  was  not  successful ;  but  Governor  Jay, 
who  had  always  approved  the  policy  at  which  it  aimed, 
suggested  in  the  following  letter  a  mode  of  effecting  the 
object  with  less  difficulty  than  by  making  a  change  in  the 
constitution. 


LIFE    OF   JOHN   JAY.  407 


"  13th  May,  1798. 
"DEAR    SlR, 

"  It  is  said  that  the  Naturalization  Act  is  to  be  revised 
and  amended.  Permit  me  to  suggest  an  idea  which  I  have 
for  many  years  deemed  important. 

"  We  doubtless  may  grant  to  a  foreigner  just  such  a  por 
tion  of  our  rights  and  privileges  as  we  may  think  proper. 
In  my  opinion  it  would  be  wise  to  declare  explicitly,  that 
the  right  and  privilege  of  being  elected  or  appointed  to,  or 
of  holding  and  exercising  any  office  or  place  of  trust  or 
power  under  the  United  States,  or  under  any  of  them,  shall 
not  hereafter  be  granted  to  any  foreigner;  but  that  the 
president  of  the  United  States,  with  the  consent  of  the 
Senate,  be  nevertheless  at  liberty  to  appoint  a  foreigner  to 
a  military  office. 

"  I  am,  dear  sir, 
"  Your  most  obedient  servant, 

"JoHN  JAY." 

1799.]  The  Legislature,  which  had  been  summoned  by 
the  governor's  proclamation,  adjourned  immediately  after 
they  had  adopted  the  measures  for  which  they  had  been 
convened,  and  met  again  at  the  usual  time  in  January  for 
the  transaction  of  ordinary  business. 

The  governor,  as  we  have  already  seen,  had  declared 
many  years  before,  that  were  he  a  member  of  the  Legisla 
ture  he  would  introduce  a  bill  for  the  gradual  abolition  of 
slavery,  and  would  never  cease  moving  it  till  it  became  a 
law  or  he  ceased  to  be  a  member.  It  seems  to  have  been 
his  determination,  on  becoming  governor,  that  so  far  as  his 
influence  could  effect  it,  such  a  bill  should  be  moved  at 
every  session  till  it  was  enacted  into  a  law,  or  until  he 

*  Secretary  of  state.       < 


408  LIFE    OF   JOHN    JAY. 

ceased  to  be  governor.  Accordingly,  at  an  early  period  of 
this  session,  the  bill  was  introduced  for  the  fourth,  and  hap. 
pily  for  the  last  time.  It  was  passed  by  a  majority  of  ten 
in  the  Senate,  and  of  thirty-six  in  the  lower  House.  Probably 
no  measure  of  his  administration  afforded  him  such  unfeigned 
pleasure,  and  certainly  none  was  more  propitious  to  the 
morals,  resources,  and  happiness  of  the  State  over  which 
he  presided. 

As  the  first  magistrate  of  the  State,  he  felt  it  to  be  his 
duty  to  see  that  the  laws  were  punctually  and  vigorously 
executed ;  and  his  official  correspondence  bears  abundant 
testimony  to  his  solicitude  to  discover  and  punish  every 
contempt  of  legal  authority.  On  two  occasions  where 
resistance  was  apprehended,  he  ordered  into  service  such  a 
body  of  troops  as  to  compel  instant  and  implicit  obedience 
to  the  laws. 

Having  observed  that  frequent  encroachments  were 
made  upon  the  highways,  he  issued  a  proclamation  re 
quiring  the  proper  officers  to  prosecute  the  offenders.  The 
following  letters  afford  a  pleasing  instance  of  official  vigi 
lance  and  private  benevolence. 

"TO    C.    D.    COLDEN.* 

"  Albany,  4th  Feb.,  1801. 

"  SIR, 

"  At  the  distance  of  between  two  or  three  miles  northerly 
from  the  court-house  at  Bedford,  in  the  county  of  West- 
chester,  Daniel  Gregory,  a  blacksmith,  has  within  a  few 
years  past  erected  a  small  dwelling-house,  in  which  he  lives, 
and  also  occupies  a  blacksmith's  shop ;  both  of  which  are 
built  on  the  highway.  He  has  been  often  called  upon  to 
remove  them.  Colonel  Jesse  Holly  and  Major  Samuel 
Lyon  of  Bedford  can  give  you  particular  information  on 
the  subject. 

*  Assistant  attorney-general. 


LIFE    OF   JOHN    JAY.  409 

"  Be  pleased  to  take,  without  delay,  such  legal  measures 
as  may  be  necessary  to  free  the  road  from  these  intrusions. 
"  With  esteem  and  regard,  I  am, 

"  Sir,  your  most  obedient  servant, 

"  JOHN  JAY." 

"TO    C.    D.    COLDEN. 

"Albany,  19th  Feb.,  1801. 
«SlR, 

"  I  wrote  to  you  on  the  4th  instant  to  proceed  against 
Daniel  Gregory,  who  had  built  a  dwelling-house,  and  has 
also  a  blacksmith's  shop,  on  the  highway,  between  two  or 
three  miles  north  from  Bedford  court-house.  Being  inter 
rupted,  I  concluded  that  letter  without  observing,  as  I 
intended,  that  this  man  living  near  my  farm,  and  this  en 
croachment  being  under  my  eye  whenever  I  go  there,  I 
could  not  reconcile  it  to  my  official  duty  to  let  it  continue 
to  pass  unnoticed.  I  have  frequently  apprized  him  of  the 
consequences.  He  sa  d  he  had  no  place  to  move  to.  I 
offered  to  pay  for  any  one  acre  of  ground  that  he  should 
buy,  whatever  might  be  the  price  not  exceeding  fifty  dol 
lars.  I  am  ready  to  do  this  still,  and  I  mention  it  to  obviate 
what  might  otherwise,  peihaps,  be  said,  that  I  press  too 
hard  upon  a  poor  man. 

"  With  esteem  and  regard, 

"  I  am,  sir, 
"  Your  most  obedient  servant, 

"  JOHN  JAY." 

The  house  alluded  to  was  removed  from  the  road,  and 
with  Mr.  Jay's  consent,  placed  upon  his  land,  where  the  indi 
vidual  in  question  was  permitted  to  reside  for  the  remainder 
of  his  life  free  of  rent. 

The  general  aspect  of  public  affairs  had  now  become 
more  propitious  to  the  continued  peace  and  prosperity  of 
the  country  than  for  many  years  before.  The  British 

VOL.  I. G  G  G 


410  LIFE    OF   JOHN   JAY. 

treaty  had  gone  into  operation,  and  had  been  thus  far  faith 
fully  observed  ;  and  the  partisans  of  France,  despairing  of 
involving  the  United  States  in  a  war  with  England,  had 
directed  their  efforts  to  the  preservation  of  peace  with  the 
sister  republic.  The  atrocities  which  had  marked  the 
earlier  days  of  that  republic,  and  rendered  it  dangerous  to 
all  social  order,  had  disappeared  before  a  more  regular  gov 
ernment  ;  and  its  rulers  had  recently  made  overtures  which 
had  induced  the  president  to  institute  a  mission  to  France, 
which  it  was  generally  believed  would  result  in  a  treaty  of 
amity.  Governor  Jay  beheld  with  pleasure  the  approach 
of  a  period  when,  without  failing  in  the  duties  he  owed  his 
country,  he  could  withdraw  from  her  service  into  that 
retirement  which  had  been  so  long  the  object  of  his  desires. 
The  term  for  whic'i  he*  had  been  elected  would  expire  in 
the  summer  of  1801,  and  he  resolved  that  his  political  life 
should  terminate  with  it.  He  accordingly  began  in  the 
latter  part  of  this  year  to  make  preparations  for  erecting 
on  his  estate  at  Bedford,  which  he  intended  for  his  future 
residence,  the  buildings  necessary  for  the  accommodation 
of  his  family. 

1800.]  The  meeting  of  the  New- York  Legislature  shortly 
after  the  death  of  Washington  afforded  the  governor  an 
opportunity  of  paying  a  public  tribute  to  his  memory. 

"  You  will,  I  am  persuaded,"  said  he,  addressing  the 
Legislature,  "join  with  me  in  regretting  that  the  topic 
which  naturally  rises  first  into  view  on  this  occasion  is  the 
afflicting  and  unexpected  death  of  that  virtuous  and  great 
man  who,  both  in  the  field  and  in  the  cabinet,  in  public  and 
private  life,  attracted  such  an  uncommon  degree  of  merited 
esteem,  confidence,  and  admiration.  His  memory  will  be 
cherished  by  the  wise  and  good  of  every  nation  ;  and  truth, 
triumphing  over  her  adversaries,  will  transmit  his  character 
to  posterity  in  all  its  genuine  lustre.  His  excellent  example 
and  excellent  admonitions  still  remain  with  us,  and  happy 
will  that  people  be  whose  leaders  imitate  the  one  and  ob- 


LIFE    OP   JOHN   JAY.  411 

serve  the  other.  But  painful  and  important  as  our  loss  is, 
and  difficult  as  it  may  be  to  restrain  the  effusions  of  our 
sensibility,  yet  it  is  to  be  recollected  that  the  duties  and 
business  for  which  we  are  assembled  have  indispensable 
claims  to  our  attention.  Let  us  therefore  proceed  to  fulfil 
those  duties,  and  to  do  that  business  with  the  like  laudable 
fidelity,  circumspection,  and  diligence  by  which  that  real 
and  eminent  patriot  was  so  greatly  distinguisf  ed." 

The  Legislature,  cordially  concurring  in  these  sentiments, 
testified  their  sense  of  the  national  loss  by  wearing  mourn 
ing,  and  by  resolving  to  observe  the  22d  February,  the 
birthday  of  the  departed  patriot,  "  in  a  religious  manner," 
by  repairing  in  a  body  to  church,  and  there  engaging  in 
such  services  as  their  chaplains  should  appoint. 

This  Legislature,  as  had  teen  the  case  in  every  instance 
since  the  governor's  first  election,  had  a  federal  majority 
in  both  Houses,  and  the  intercourse  between  the  executive 
and  legislative  departments  continued,  as  usual,  har 
monious. 

The  peculiar  state  of  the  federal  party  at  this  time  ren 
dered  the  result  of  the  approaching  spring  election  preca 
rious,  and  of  course  the  subject  of  much  solicitude.  The 
conduct  of  President  Adams  in  dismissing  several  promi 
nent  and  influential  members  of  his  cabinet,  and  sending  a 
third  mission  to  France,  after  the  two  former  had  been 
insultingly  repelled,  had  the  unfortunate  effect  of  dividing 
and  dispiriting  his  political  friends,  while  it  revived  the 
hopes  and  quickened  the  exertions  of  the  opposite  party. 
To  this  cause  is  unquestionably  to  be  attributed  a  return, 
at  the  April  election,  of  a  majority  of  democratic  members 
to  the  New- York  Assembly.  The  late  Legislature  had 
adjourned  a  few  weeks  before  the  election,  and  according 
to  custom,  the  new  Legislature  was  to  assemble  in  Novem 
ber,  for  choosing  electors  preparatory  to  the  ensuing  presi 
dential  election.  But  in  New* York  the  political  year 
terminated  on  the  1st  of  July,  and  of  course  the  late  Legis- 


412  LIFE    OP   JOHN    JAY. 

lature  retained  all  their  authority  till  that  day.  These 
details  will  explain  the  proposal  made  in  the  following 
letter,  which  was  received  by  the  governor  from  one  of  the 
most  distinguished  and  influential  federalists  in  the  United 

States. 

"TO    JOHN   JAY. 

% 

"  New- York,  May  7th,  1800.  : 
"  DEAR  SIR, 

"  You  have  been  informed  of  the  loss  of  our  election 
in  this  city.  It  is  also  known  that  we  have  been  unfor 
tunate  throughout  Long  Island  and  in  Westchester.  Ac 
cording  to  the  returns  hitherto,  it  is  too  probable  that  we 
lose  our  senators  for  this  district. 

"  The  moral  certainty  therefore  is,  that  there  will  be  an 
anti-federal  majority  in  the  ensuing  Legislature ;  and  the 
very  high  probability  is,  that  this  will  bring  Jefferson  into 
the  chief  magistracy,  unless  it  be  prevented  by  the  measure 
which  I  shall  now  submit  to  your  consideration,  namely, 
the  immediate  calling  together  of  the  existing  Legislature. 

"  I  am  aware  that  there  are  weighty  objections  to  the 
measure ;  but  the  reasons  for  it  appear  to  me  to  outweigh 
the  objections.  And  in  times  like  these  in  which  we  live 
it  will  not  do  to  be  over-scrupulous.  It  is  easy  to  sacrifice 
the  substantial  interests  of  society  by  a  strict  adherence  to 
ordinary  rules. 

"  In  observing  this  I  shall  not  be  supposed  to  mean,  that 
any  thing  ought  to  be  done  which  integrity  will  forbid  ;  but 
merely  that  the  scruples  of  delicacy  and  propriety,  as  rela 
tive  to  a  common  course  of  things,  ought  to  yield  to  the  ex 
traordinary  nature  of  the  crisis.  They  ought  not  to  hinder 
the  taking  of  a  legal  and  constitutional  step  to  prevent  an 
atheist  in  religion,  and  a  fanatic  in  politics,  from  getting  pos 
session  of  the  helm  of  State. 

"  You,  sir,  know  in  a  great  degree  the  anti-federal  party  ; 
but  I  fear  you  do  not  know  them  as  well  as  I  do.  'Tis  a 


LIFE    OF   JOHN   JAY.  413 

composition,  indeed,  of  very  incongruous  materials  ;  but  all 
tending  to  mischief, — some  of  them,  to  the  overthrow  of 
the  government  by  stripping  it  of  its  due  energies  ;  others 
of  them,  to  a  revolution  after  the  manner  of  Bonaparte.  I 
speak  from  indubitable  facts,  not  from  conjectures  and  infer 
ences.  In  proportion  as  the  true  character  of  the  party  is 
understood,  is  the  force  of  the  considerations  which  urge  to 
every  effort  to  disappoint  it ;  and  it  seems  to  me  that  there 
is  a  very  solemn  obligation  to  employ  the  means  in  our 
power. 

"  The  calling  of  the  Legislature  will  have  for  object  the 
choosing  of  electors  by  the  people  in  districts ;  this  (as 
Pennsylvania  will  do  nothing)  will  ensure  a  majority  of 
votes  in  the  United  States  for  a  federal  candidate.  The 
measure  will  not  fail  to  be  approved  by  all  the  federal  party ; 
while  it  will  no  doubt  be  condemned  by  the  opposite.  As 
to  its  intrinsic  nature,  it  is  justified  by  unequivocal  reasons 
of  public  safety. 

"  The  reasonable  part  of  the  world  will,  I  believe,  ap 
prove  it.  They  will  see  it  as  a  proceeding  out  of  the  com 
mon  course,  but  warranted  by  the  particular  nature  of  the 
crisis  and  the  great  cause  of  social  order. 

"  If  done,  the  motive  ought  to  be  frankly  avowed.  In 
your  communication  to  the  Legislature,  they  ought  to  be 
told  that  temporary  circumstances  had  rendered  it  probable 
that,  without  their  interposition,  the  executive  authority  of 
the  general  government  would  be  transferred  to  hands  hos 
tile  to  the  system  heretofore  pursued  with  so  much  success, 
and  dangerous  to  the  peace,  happiness,  and  order  of  the 
country.  That  under  this  impression,  from  facts  convincing 
to  your  own  mind,  you  had  thought  it  your  duty  to  give 
the  existing  Legislature  an  opportunity  of  deliberating  whe 
ther  it  would  not  be  proper  to  interpose  and  endeavour  to 
prevent  so  great  an  evil,  by  referring  the  choice  of  electors 
to  the  people  distributed  into  districts. 

"  In  weighing  this  suggestion,  you  will  doubtless  bear  in 


414  LIFE    OF   JOHN   JAY. 

mind  that  popular  governments  must  certainly  be  over 
turned,  and  while  they  endure  prove  engines  of  mischief,  if 
one  party  will  call  to  its  aid  all  the  resources  which  vice 
can  give ;  and  if  the  other  (however  pressing  the  emer 
gency)  confines  itself  within  all  the  ordinary  forms  of  deli 
cacy  and  decorum. 

"  The  Legislature  can  be  brought  together  in  three 
weeks,  so  that  there  will  be  full  time  for  the  object ;  but 
none  ought  to  be  lost. 

"  Think  well,  my  dear  sir,  of  this  proposition — appreciate 
the  extreme  danger  of  the  crisis ;  and  I  am  unusually  mis 
taken  in  my  view  of  the  matter,  if  you  do  not  see  it  right 
and  expedient  to  adopt  the  measure. 

"  Respectfully  and  affectionately,  yours." 

On  this  letter  is  the  following  endorsement  in  the  gover 
nor's  hand :  "  Proposing  a  measure  for  party  purposes, 
which  I  think  it  would  not  become  me  to  adopt." 

Mr.  Jefferson  was  elected  president  by  a  majority  of 
only  nine  votes,  although  he  received  twelve  from  the  elec 
toral  college  of  New- York.  Had  the  New- York  electors 
been  chosen  in  as  many  districts,  instead  of  being  appointed 
by  the  Legislature,  it  is  by  no  means  improbable  that  at 
least  five  districts  would  have  returned  federal  electors,  and 
thus  ensured  the  election  of  Mr.  Adams.  But  although 
Governor  Jay  sincerely  desired  the  re-election  of  Mr. 
Adams,  he  could  not  consent  to  exercise  for  the  benefit  of 
a  favourite  candidate,  prerogatives  which  had  been  intrusted 
to  him  solely  for  the  good  of  the  whole.  His  political 
enemies  were  however  less  scrupulous  in  the  means  they 
employed  to  effect  their  purposes.  Of  the  truth  of  this 
remark,  the  following  letter  is  a  striking  proof: — 


LIFE   OP   JOHN   JAY.  415 

"TO    HENRY    VAN    SCHAACK. 

"Albany,  23d  September,  1800. 

"  DEAR  SIR, 

"  Mr.  Beers,  in  compliance  with  your  request,  has  deliv 
ered  to  me  an  extract  from  the  Albany  Register,  of  the  15th 
of  last  month,  which  contains  the  following  erroneous  state 
ment  of  the  expenses  incurred  by  the  United  States  for 
negotiating  the  treaty  with  Great  Britain,  viz : 
"'Mr.  Jay,  for  his  outfit  to  make  the  treaty,  818,000  00 

'  For  his  passage  to  Europe,  -       3,708  52 

*  To  pay  incidental  expenses,  -     10,000  00 
1  To  do.   in  negotiating  the  treaty,  -       5,000  00 

*  To  get  papers  of  captures,  J.V     16,01283 

$52,721   35 

"  This  statement  is  not  a  new  one  ;  it  appeared  in  Green- 
leaf's  paper  in  March,  1797.  It  is  calculated,  and  doubtless 
was  designed  to  impress  an  opinion  that  the  administration 
of  President  Washington  was  too  prodigal  of  the  public 
money  in  the  negotiation  with  Great  Britain,  and  that  I 
derived  extravagant  emoluments  from  it. 

"  Calumny,  my  dear  sir,  has  been  an  engine  of  party  in 
all  countries,  and  particularly  in  elective  governments.  It 
is  an  evil  which,  originating  in  the  corruption  of  human 
nature,  is  without  remedy,  and  consequently  is  to  be  borne 
patiently.  The  esteem  of  the  wise  and  good  is  valuable,  and 
to  acquire  and  preserve  it,  is  all  that  ambition  ought  to  aim  at. 

"  As  to  the  statement  in  question,  you  are  desirous  to 
know  exactly  how  far  it  deviates  from  the  truth ;  and  to 
gratify  this  desire,  I  will  give  you  a  concise  and  accurate 
state  of  the  facts. 

"  Being  at  Philadelphia  on  official  business,  in  May,  1794, 
President  Washington  desired  me  to  go  as  envoy  to  Great 
Britain.  I  earnestly  endeavoured  to  fix  his  attention  else 
where  ;  but  he  persevered,  and  I  found  it  impossible  to 
reconcile  it  with  my  duty  to  persist  in  declining  the  appoint 
ment.  Circumstanced  as  I  was,  and  aware  of  the  nature 


416  LIFE    OP   JOHN    JAY. 

of  the  business,  of  the  temper  of  the  times,  and  of  the  union 
of  certain  interests  against  any  amicable  settlement  with 
Great  Britain,  personal  considerations  opposed  my  under 
taking  the  task.  When  I  finally  yielded  to  the  president's 
request,  I  told  him  that  I  declined  any  compensation  for 
my  services — that  my  necessary  and  actual  expenses  only 
should  be  paid ;  but  that  my  stated  salary  as  chief  justice 
must  be  continued.  A  vessel  in  ballast  was  chartered  to 
carry  me  to  England,  for  you  will  recollect  that  an  embargo 
was  then  in  operation ;  but  in  contracting  or  paying  for  this 
vessel,  I  had  no  agency. 

"  The  secretary  of  state  gave  me  a  bill  for  eighteen 
thousand  dollars,  towards  the  expenses  of  the  mission,  and 
for  which  I  was  to  account.  All  my  expenses  of  every 
kind  as  envoy  to  Great  Britain,  including  the  salary  of  my 
secretary,  the  expense  of  my  passage  home,  and  £63  sterling 
paid  in  counsel  fees  respecting  capture  cases,  amounted  to 
the  sum  of  twelve  thousand  dollars  and  thirty-six  cents ; 
which  being  deducted  from  the  before  mentioned  eighteen 
thousand  dollars,  left  in  my  hands  a  considerable  balance 
due  to  the  United  States. 

"  This  balance  I  accounted  for,  and  settled  with  the 
treasury  in  the  following  manner,  viz  : 

"  By  cash  advanced  to  an  American  gen 
tleman  in  the  service  of  the  United  States, 
and  whose  account  with  the  public  was 
charged  with  it  by  the  treasury,  -  -  $233  33 

"  By  amount  of  my  order  on  the  banker  in 
favour  of  Mr.  Pinckney,  who  was  then  the 
American  minister  at  London,  towards  a  fund 
for  expenses  respecting  capture  cases,  to  be 
accounted  for  by  him  with  the  treasury,  -  5,270  22 
"  By  cash  paid  by  me  to  the  treasurer,  -  496  09 

5,999  64 
12,000  36 


$18,000  00 


LIFE    OP   JOHN    JAY.  417 

'  *'  These  facts  are  verified  by  the  treasury  report  of  the 
account  between  the  United  States  and  me,  marked  No. 
7373 ;  by  the  auditor's  report  marked  No.  8330,  on  which 
is  endorsed  the  comptroller's  certificate  ;  and  by  the  regis 
ter's  certificate  of  the  final  settlement  of  the  account. 
"  With  sentiments  of  esteem  and  regard, 
"  I  am,  dear  sir, 

"  Your  most  obedient  servant, 

"JOHN  JAY," 

On  the  4th  of  November  the  new  Legislature  convened  for 
the  appointment  of  electors.  The  governor,  in  his  speech, 
confined  himself  to  local  topics,  and  the  majority  in  the 
Assembly  were  unable  to  find  in  it  a  pretext  for  treating 
him  with  disrespect ;  but  the  answer  was  cold  and  formal. 
The  speech  was  followed  by  a  message  respecting  fortifi 
cations,  in  which  the  governor  took  occasion  to  allude  to 
"the  patriotic  zeal  and  important  services  of  the  president." 

"  TO    JOHN    ADAMS. 

"  [Private.] 

"  Albany,  10th  November,  1800. 

"  DEAR  SIR, 

"  Still  pressed  by  public  business,  occasioned  by  the  late 
session,  I  take  up  my  pen  to  write  you  a  few  lines  before 
the  mail  closes. 

"It  very  unexpectedly  happened  that  the  anti-federal 
party  succeeded  at  the  last  election  in  the  city  of  New- 
York,  and  acquired  a  decided  majority  in  the  Assembly. 
Well  knowing  their  views  and  temper,  it  was  not  advisable 
that  the  speech  should  contain  any  matter  respecting 
national  officers  or  measures  which  would  afford  them  an 
opportunity  of  indulging  their  propensity  to  do  injustice  to 
both  in  their  answer. 

"  But  the  next  morning  after  the  delivery  of  the  speech, 
and  before  they  proceeded  to  the  appointment  of  electors, 

VOL.  I. H  H  H 


418  I.TFE    OF   JOHN   JAY. 

I  sent  them  a  message  (and  it  is  not  usual  to  return  any 
answers  to  such  messages),  in  the  latter  part  of  which  I 
expressed  sentiments  which  leave  no  room  for  your  political 
enemies  to  draw  improper  inferences  from  the  reserve 
observable  in  the  speech.  The  respect  due  to  myself  as 
well  as  to  you,  forbade  me  to  remain  silent  on  a  subject  and 
on  an  occasion  so  highly  interesting  ;  and  I  flatter  myself 
it  will  be  agreeable  to  you  to  perceive  from  these  circum 
stances,  and  to  be  assured,  that  I  still  remain  and  will  remain, 
"  Dear  sir,  your  sincere  and  faithful  friend, 

"JOHN  JAY. 

"  P.  S.  Just  on  closing  this  letter,  a  newspaper,  which  I 
enclose,  came  in.  It  contains  a  copy  of  the  message." 

"  TO    JOHN    JAY. 

"  Washington,  November  24,  1800. 

"  DEAR  SIR, 

"  I  received  last  week  your  friendly  private  letter  of  the 
10th.  The  assurance  of  the  continuance  of  your  friend 
ship  was  unnecessary  for  me,  because  I  have  never  had  a 
doubt  of  it.  But  others  invent  and  report  as  they  please. 
They  have  preserved  hitherto,  however,  more  delicacy 
towards  the  friendship  between  you  and  me  than  any 
other. 

"  The  last  mission  to  France,  and  the  consequent  dismis 
sion  of  the  twelve  regiments,  although  an  essential  branch 
of  my  system  of  policy,  has  been  to  those  who  have  been 
intriguing  and  labouring  for  an  army  of  fifty  thousand  men, 
an  unpardonable  fault.  If  by  their  folly  they  have  thrown 
themselves  on  their  backs,  and  Jacobins  should  walk  over 
their  bellies,  as  military  gentlemen  express  promotions  over 
their  heads,  who  should  they  blame  but  themselves  ? 

"  Among  the  very  few  truths  in  a  late  pamphlet,  there  is 
one  which  I  shall  ever  acknowledge  with  pleasure,  viz.  that 
the  principal  merit  of  the  negotiation  for  peace  was  Mr, 
Jay's. 


LIFE    OF   JOHN    JAY.  419 

**  I  wish  you  would  permit  our  Historical  Society  to  print 
the  papers  you  drew  up  on  that  occasion. 

"  I  often  say  that  when  my  confidence  in  Mr.  Jay  shall 
•cease,  I  must  give  up  the  cause  of  confidence  and  renounce 
it  with  all  men. 

"  With  great  truth  and  regard,  I  am  now,  and  ever  shall  be, 
"  Your  friend  and  humble  servant, 

"  JOHN  ADAMS." 

The  session  of  the  Legislature  had  collected  at  Albany 
a  large  number  of  federalists  from  different  parts  of  the 
State,  and  the  opportunity  was  embraced  to  ascertain  the 
sentiments  of  the  party,  as  to  the  person  proper  to  be  sup 
ported  for  governor  at  the  ensuing  election.  It  was  found 
to  be  the  desire  of  all  that  the  present  incumbent  should 
continue  in  the  chair,  and  a  committee  was  appointed  to 
wait  upon  him,  and  solicit  his  consent  to  a  nomination. 

"TO    RICHARD    HATFIELD, 

"  Chairman  of  Federal  Meeting,  &c.  &c. 

"  Albany,  8th  November,  1800. 

"  SIR, 

"  Being  engaged  with  company  this  evening  when  the 
^committee  appointed  by  the  respectable  meeting  of -citizens 
from  various  parts  of  the  State,  of  which  you  was  chairman, 
presented  to  me  their  address,  I  could  only  return  them  a 
verbal  answer.  But  it  appears  to  me  proper  to  answer  it 
In  writing,  as  well  to  evince  my  respect,  as  that  my  senti 
ments  on  the  subject  may  be  the  better  ascertained. 

"  In  the  sincerity  of  the  assurances  with  which  they  hon 
our  me,  I  have  perfect  confidence.  They  have  heretofore 
been  verified  by  uniform  manifestations  of  esteem  and 
attachment,  which  I  shall  always  remember  with  grateful 
sensibility. 

"  The  period  is  now  nearly  arrived  at  which  I  have  for 
«iany  years  intended  to  retire  from  the  cares  of  public  life, 


420  LIFE    OF    JOHN    JAY. 

and  for  which  I  have  been  for  more  than  two  years  pre 
paring  ;  not  perceiving,  after  mature  consideration,  that  any 
duties  require  me  to  postpone  it,  I  shall  retire  accordingly. 
But  I  retain  and  cherish  the  warmest  affection  for  my  coun 
try,  as  well  as  the  esteem  which  I  entertain  for  many,  and 
the  good-will  which  I  bear  to  all  my  fellow-citizens. 

"  On  this  occasion  various  reflections  crowd  into  my 
mind  ;  but  I  doubt  the  utility,  under  existing  circumstances, 
of  expressing  them.  Time  and  experience  will  correct 
many  errors  which  ought  not  to  have  been  introduced  into 
public  opinions.  What  the  price  of  that  experience  may 
be  cannot  be  foreseen. 

"  They  who  are  convinced  that  our  constitutions  ought 
to  be  maintained  inviolate,  and  that  the  rights  of  persons 
and  of  property  cannot  be  preserved  without  government 
constituted  with  power  and  administered  with  determination 
to  secure  them,  will  steadfastly  oppose  whatever  may  have 
a  contrary  tendency. 

"  It  is  not  to  be  expected  that  parties  will  never  be 
intemperate.  But  overbearing  intemperance  or  violence 
in  individual  leaders  ought  neither  to  appal  nor  inflame 
good  citizens.  On  the  contrary,  such  violations  of  pro 
priety  should  be  met  with  temper  and  moderation,  as  well 
as  with  increased  union  and  firmness. 

"  I  declare  to  you  explicitly  that  in  my  opinion  we  ought 
to  resist  innovation,  to  adhere  to  our  constitutions  and  gov 
ernments,  to  give  them  a  fair  trial,  and  to  amend  them  from 
time  to  time  according  to  the  dictates  of  experience,  and  not 
according  to  the  views  of  demagogues  or  the  visions  of 
theorists. 

"  I  have  the  honour  to  be,  with  great  respect,  sir, 

"  Your  most  obedient  servant, 

"JoHN  JAY." 

On  the  19th  of  December,  Governor  Jay  was  appointed 
by  the  president  and  Senate,  chief  justice  of  the  United  States. 


LIFE    OP   JOHN   JAY.  421 


"  TO    JOHN    JAY. 

"Washington,  Dec.  19th,  1800. 

"  DEAR  SIR, 

"  Mr.  Ellsworth,  afflicted  with  the  gravel  and  the  gout, 
and  intending  to  pass  the  winter  in  the  south  of  France, 
after  a  few  weeks  in  England,  has  resigned  his  office  of 
chief  justice,  and  I  have  nominated  you  to  your  old  station. 
This  is  as  independent  of  the  inconstancy  of  the  people  as 
it  is  of  the  will  of  a  president.  In  the  future  administration 
of  our  country,  the  firmest  security  we  can  have  against 
the  effects  of  visionary  schemes  or  fluctuating  theories,  will 
be  in  a  solid  judiciary  ;  and  nothing  will  cheer  the  hopes  of 
the  best  men  so  much  as  your  acceptance  of  this  appoint 
ment.  You  have  now  a  great  opportunity  to  render  a 
most  signal  service  to  your  country.  I  therefore  pray  you 
most  earnestly  to  consider  of  it  seriously,  and  accept  it. 
You  may  very  properly  resign  the  short  remainder  of  your 
gubernatorial  period,  and  Mr.  Rensselaer*  may  discharge 
the  duties.  I  had  no  permission  from  you  to  take  this  step, 
but  it  appeared  to  me  that  Providence  had  thrown  in  my 
way  an  opportunity,  not  only  of  marking  to  the  public  the 
spot  where,  in  my  opinion,  the  greatest  mass  of  worth  re 
mained  collected  in  one  individual,  but  of  furnishing  my 
country  with  the  best  security  its  inhabitants  afforded 
against  the  increasing  dissolution  of  morals. 

"  With  unabated  friendship,  and  the  highest  esteem  and 

respect, 

"  I  am,  dear  sir,  yours, 

"  JOHN  ADAMS. 
"  P.  S.  Your  commission  will  soon  follow  this  letter." 

The  governor's  determination  to  retire  from  public  life 
had  been  formed  with  too  much  deliberation  and  sincerity, 

*  The  lieutenant-governor. 


422  LIFE    OF    JOHN   JAY. 

to  be  shaken  by  the  honour  now  tendered  to  him,  and  the 
appointment  was  promptly  and  unequivocally  declined. 

1801.]  The  election  of  Mr.  Jefferson  transferred  the 
administration  of  the  federal  government  from  the  party  by 
whom  that  government  had  been  reared  and  cherished  to 
those  who  had  endeavoured  to  stifle  it  in  its  birth,  and  had 
ever  since  laboured  to  restrain  its  activity  and  energy. 
The  federal  party  throughout  the  United  States  now  found 
themselves  in  a  minority  for  the  first  time  since  1789,  and 
Governor  Jay  embraced  an  opportunity  which  soon  oc 
curred  of  pointing  out  the  conduct  which,  in  his  opinion,  it 
became  the  party  to  adopt  under  the  new  circumstances  in 
which  it  was  placed. 

To  an  address  from  a  federal  meeting  in  New- York,  re 
gretting  his  intended  retirement,  and  assuring  him  of  their 
grateful  sense  of  his  services  and  their  veneration  for  his 
character,  he  returned  the  following  reply  : 

"  TO  THE  COMMITTEE  OF  THE  FEDERAL  FREEHOLDERS 
IN  NEW-YORK. 

"Albany,  27th January,  1801. 
"  GENTLEMEN, 

"  I  have  received  the  letter  which  you  did  me  the  honour 
to  write  on  the  15th,  enclosing  a  copy  of  a  resolution  of 
the  federal  freeholders  of  the  city  of  New-York  of  the  13th 
instant.  Permit  me,  through  you,  to  assure  them  of  the 
high  sense  I  entertain  of  the  honour  they  have  done  me  by 
the  sentiments  respecting  my  public  services,  which  are 
expressed  in  that  resolution ;  and  be  pleased,  gentlemen,  to 
accept  my  warmest  acknowledgments  for  the  friendship 
and  attachment  which  your  letter  evinces. 

"  Considering  the  relations  in  which  I  have  stood  to  those 
of  my  fellow-citizens  who  are  denominated  federalists,  I 
take  the  liberty  of  submitting  to  their  consideration  a  few 
remarks. 

"  It  is  an  agreeable  circumstance,  that  the  prosperity  of 


LIFE    OP   JOHN   JAY.  423 

our  country,  since  the  institution  of  the  present  govern 
ment,  justifies  the  support  and  confidence  we  have  given  to 
those  by  whom  it  has  hitherto  been  administered.  But 
general  prosperity  does  not  invariably  produce  general 
content ;  nor  will  public  opinion,  perplexed  by  the  different 
lights  and  shades  in  which  men  and  measures  are  often 
placed  and  seen,  always  remain  steady  and  uniform. 

"  These  observations  are  confirmed  by  events  of  no  in 
considerable  importance,  which  have  recently  occurred. 
They  place  us  in  a  new  situation,  and  render  it  proper  for 
us  to  consider  what  our  conduct  under  it  should  be.  I 
take  the  liberty,  therefore,  of  suggesting  whether  the  patri 
otic  principles  on  which  we  profess  to  act,  do  not  call 
upon  us  to  give  (as  far  as  may  depend  upon  us)  fair  and 
full  effect  to  the  known  sense  and  intention  of  a  majority  of 
the  people,  in  every  constitutional  exercise  of  their  will ; 
and  to  support  every  administration  of  the  government  of 
our  country  which  may  prove  to  be  intelligent  and  upright, 
of  whatever  party  the  persons  composing  it  may  be. 

"  With  the  best  wishes  for  the  happiness  of  your  con 
stituents,  and  with  great  personal  respect  and  regard  for 
yourselves, 

"  I  have  the  honour  to  be,  gentlemen, 

"  Your  obliged  and  obedient  servant, 

"JoHN  JAY." 

So  far  as  a  frank  avowal  and  a  conscientious  and  inflexi 
ble  adherence  to  the  principles  of  his  party  constitute  a 
party  man,  no  federalist  had  a  better  title  to  that  designa 
tion  than  Governor  Jay ;  yet  we  see  from  the  above  letter 
how  little  he  was  disposed  to  countenance  a  mere  factious 
opposition  to  the  constituted  authorities. 

It  will  be  recollected,  that  in  his  first  speech  to  the 
Legislature,  he  recommended  their  interference  to  remove 
an  alleged  ambiguity  in  the  constitution,  relative  to  the 
governor's  exclusive  right  of  nomination  in  the  council  of 


424  LIFE   OP   JOHN   JAY. 

appointment.  The  advice  was  unfortunately  not  followed. 
For  five  successive  years  the  members  of  the  council  had 
acceded  to  the  governor's  construction  of  the  constitution ; 
but  a  political  revolution  had  just  occurred,  and  those  who 
had  aided  in  effecting  it  were  now  eager  to  enjoy  the  fruits 
of  victory.  It  was  foreseen,  that  should  the  governor  per 
sist  in  claiming  the  right  of  nomination,  the  public  patronage 
would  continue  to  flow  in  its  accustomed  course,  instead  of 
being  diverted  into  the  desired  channels.  Hence  timely 
efforts  were  made  to  induce  him  to  yield  to  the  views  of 
the  now  dominant  party.  Intimations  were  given  to  him 
that,  as  the  new  council  would  be  opposed  to  him  in  poli 
tics,  they  would  not  submit  to  his  exclusive  nomination,  but 
would  themselves  assume  the  right  of  making  such  appoint 
ments  as  they  though  proper  ;  and  that,  should  he  attempt 
to  thwart  them,  he  would  involve  himself  in  a  great  deal  of 
useless  trouble.  He  simply  replied,  that  his  duty  was  plain, 
and,  as  to  the  consequences  which  might  result  from  its 
discharge,  he  had  nothing  to  do  with  them. 

The  Assembly,  as  had  been  expected,  elected  a  demo 
cratic  council,  and  this  council  resolved  to  make  appoint 
ments  independent  of  the  governor's  nomination.  During 
the  administration  of  Governor  Clinton  a  similar  attempt 
had  once  been  made,  and  with  success,  the  governor  con 
tenting  himself  with  entering  a  protest  on  the  minutes  of 
the  council.  The  present  council  probably  expected  that 
Governor  Jay  would  pursue  a  similar  course  ;  but  the 
sequel  proved  that  they  misunderstood  his  character. 

In  the  month  of  February,  the  governor  summoned  the 
council,  and  nominated  to  them,  for  certain  vacant  offices, 
a  great  number  of  individuals,  who  were,  in  succession, 
rejected  by  the  council,  till  at  last  they  refused  even  to  vote 
on  his  nominations,  and  proceeded  themselves  to  nominate 
candidates.  In  this  stage  of  the  proceedings,  and  before  a 
question  had  been  taken  on  these  irregular  nominations, 
he  adjourned  the  council.  The  council  could  not  meet 


LIFE    OF   JOHN   JAY.  425 

unless  convened  by  the  governor,  and  he  resolved  not  to 
summon  them  again ;  and  to  incur  the  responsibility  of 
leaving  many  important  offices  unfilled,  rather  than  sanction 
a  violation  of  the  constitution. 

In  this  emergency,  he  sent  a  message  to  the  Legislature, 
reminding  them  of  the  suggestion  he  had  made  on  this  sub 
ject  at  the  commencement  of  his  administration,  and  inform 
ing  them  of  the  recent  occurrences.  The  message  concluded 
as  follows : 

"  While  I  think  and  believe,  as  I  most  sincerely  do,  that 
the  right  of  nomination  is  vested  by  the  constitution  exclu 
sively  in  the  governor,  it  ought  not,  and  I  am  persuaded  it 
will  not  be  expected  that  I  should,  by  conceding  this  right 
or  power  to  any  member  of  the  council,  violate  my  oath  to 
administer  the  government  to  the  best  of  my  knowledge,  in 
conformity  with  the  powers  delegated  to  me  by  the  consti 
tution.  Many  appointments  exceedingly  interesting  to  the 
public  ought  soon  to  be  made  ;  but  while  those  gentlemen 
persist  in  the  course  of  proceeding  which  they  have  adopted, 
that  business  must  necessarily  remain  subjected  to  impedi 
ments  not  in  my  power  to  obviate  or  remove.  I  therefore 
submit  to  your  consideration,  whether  it  has  not  become 
indispensable  that  the  merits  of  these  opposite  and  interfering 
claims  to  the  right  of  nomination  should  be  ascertained  and 
decided  without  delay.  In  whatever  constitutional  way, 
whether  by  a  declaratory  statute  or  by  judgment  of  law,  a 
decision  may  be  made,  and  whether  it  should  or  should  not 
correspond  with  the  opinion  I  have  expressed,  I  shall  cer 
tainly  acquiesce  in  and  regulate  my  conduct  by  it." 

The  Senate  approved  of  the  governor's  construction  of 
the  constitution,  and  were  ready  to  concur  in  measures  for 
deciding  the  question,  but  the  Assembly  thought  proper  to 
resolve  that  they  could  not  interfere  in  any  manner  what 
ever.  It  was  probably  hoped,  that  the  governor  would 
ultimately  shrink  from  the  responsibility  of  subjecting  the 
State  to  the  embarrassments  which  his  present  course 

VOL.  I, 1  I  I 


426  LIFE    OF  JOHN    JAY, 

would  necessarily  occasion.  Some  idea  may  be  formed  of 
the  extent  of  that  responsibility  from  the  fact,  that  the 
whole  civil  commissions  of  eleven  counties,  and  of  the 
mayors  of  four  cities,  had  expired.  The  expectants  of  the 
victorious  party,  moreover,  became  clamorous  for  their 
promised  rewards,  and  the  governor's  firmness  alone  pre 
vented  them  from  seizing  upon  every  office  in  the  gift  of 
the  council.  It  may  readily  be  supposed,  that  under  these 
circumstances,  no  pains  were  spared  to  intimidate  the  gov 
ernor,  by  exciting  against  him  the  complaints  and  re 
proaches  of  the  party.  But  all  attempts  of  this  sort  proved 
unsuccessful,  and  no  appointments  were  made  during  the 
remainder  of  his  term. 

In  the  council  were  included  two  popular  leaders  of  the 
democratic  party,  and  it  became  a  point  of  honour  with  the 
party  to  support  them  in  the  course  they  had  taken. 
Every  proposition  therefore  for  settling  the  question,  which 
could  possibly  lead  to  a  decision  favourable  to  the  gov 
ernor's  views,  was  promptly  rejected  by  the  Assembly. 
Towards  the  close  of  the  session,  when  it  became  apparent 
that  he  could  not  be  driven  from  his  ground,  an  act  was 
passed  calling  a  Convention  to  revise  certain  parts  of  the 
constitution,  and  among  them,  that  relating  to  the  council  of 
appointment.  In  this  Convention,  which  did  not  assemble 
till  after  the  governor  had  retired  from  office,  the  demo 
cratic  party  obtained  a  majority ;  and  it  was  decided  that 
the  right  of  nomination  was  vested  equally  in  the  governor 
and  each  member  of  the  council.  Seldom  has  a  party 
measure  been  attended  with  results  less  expected  or  de 
sired  by  its  authors  than  this.  The  governor,  by  being 
deprived  of  his  patronage  and  responsibility,  was  reduced 
almost  to  a  mere  cipher  in  the  government,  while  the  po 
litical  power  of  the  State  was  wielded  for  the  time  by  the 
four  senators  who  composed  the  council.  These  senators 
were  annually  selected  by  the  prevailing  party  in  the  As 
sembly,  and  were  in  general  the  mere  tools  of  popular 


LIFE   OP   JOHN   JAY.  427 

leaders ;  their  subserviency  being  the  only  qualification  re 
quired.  To  this  irresponsible  and  transitory  council  was 
committed  the  distribution  of  nearly  all  the  offices  of  the 
State  ;  and  hence  the  possession  of  this  council  became  the 
great  object  of  contending  parties.  While  the  nomination 
continued  solely  with  the  governor,  the  persons  appointed 
by  him  held  their  offices  at  leastf  till  the  end  of  his  term  of 
service ;  but  under  the  new  arrangement,  all  the  officers, 
with  the  exception  of  a  few  whose  tenure  was  independent 
of  the  council,  were  changed  with  every  fluctuation  of 
party;  and  it  frequently  happened,  that  in  the  course  of 
twelve  or  fourteen  months,  the  same  office  would  be  filled 
by  three  successive  incumbents.  Mr.  Clinton  was  a  prom 
inent  member  of  the  council  which  contested  Mr.  Jay's 
exclusive  nomination :  he  afterward  became  governor,  and 
presided  for  many  years  with  distinguished  ability.  Several 
times  during  his  administration,  the  party  opposed  to  him 
had  the  preponderance  in  the  Assembly,  and  of  course 
selected  the  council ;  and  he  had  the  mortification  of  seeing 
his  friends  removed  from  office,  and  of  being  compelled  to 
grant  commissions  to  his  most  inveterate  enemies.  The 
same  fate  befell  his  predecessor,  Governor  Tompkins. 

In  1822,  another  Convention  was  called  to  revise  the 
constitution  ;  and  so  odious  had  the  council  of  appointment 
become  to  the  people,  as  a  mere  engine  of  intrigue  and  cor 
ruption,  that  it  was  abolished  with  universal  consent.  The 
appointing  power  was  somewhat  distributed,  but  a  large 
portion  of  it  was  again  vested  in  the  governor,  subject  to 
the  approval  of  the  Senate  ;  and  thus,  after  the  experience 
of  many  years,  was  the  principle  contended  for  by  Mr.  Jay 
sanctioned  by  the  public. 

In  the  month  of  May  the  governor  removed  from  Albany 
to  his  estate  at  Bedford,  about  six  weeks  before  the  expira 
tion  of  his  term  of  office.  On  his  departure,  the  corporation 
of  Albany,  as  a  mark  of  their  esteem,  presented  him  with 
the  freedom  of  the  city,  accompanied  by  an  affectionate 
valedictory  address. 


428  LIFE    OF   JOHN   JAY. 


CHAPTER  XII. 
1801-29. 

Mr.  Jay  retires  to  Bedford — His  Occupations  and  domestic  Habits — Let 
ter  to  Trinity  Church— His  Opinion  of  the  War  of  1812— Elected  Presi 
dent  of  the  American  Bible  Society — His  Correspondence  with  the  Cor 
poration  of  New-York — His  Illness  and  Death — Character. 

FEW  statesmen  ever  had  less  reason  to  be  disgusted  with 
public  life,  or  ever  quitted  it  with  more  real  satisfaction, 
than  Mr.  Jay.  For  twenty-seven  years  he  had  been  unre 
mittingly  engaged  in  the  service  of  his  country,  and  had 
filled  many  of  her  most  important  offices  with  general 
approbation.  The  honours  conferred  upon  him  had  been  a 
spontaneous  tribute  to  his  worth ;  for  he  has  been  heard  to 
say  that  in  the  whole  course  of  his  life  he  had  never  asked 
for  a  vote  or  an  office.  His  political  friends  had  supported 
him  with  zeal  and  constancy ;  and  he  enjoyed  to  the  last  the 
unlimited  confidence  of  the  party  with  which  he  had  acted. 
The  purity  of  his  private  character  was  not  only  unim- 
peached,  but  was  universally  acknowledged  and  respected ; 
the  success  of  his  public  measures  afforded  only  a  grateful 
retrospect ;  and  at  the  very  moment  of  his  retirement  a  sta 
tion  of  high  dignity  and  confidence  was  offered  to  his  accept 
ance.  When  he  withdrew  from  the  public  theatre,  age  had 
not  rendered  him  insensible  to  its  plaudits,  or  unable  longer 
to  command  them.  He  was  in  his  56th  year,  and  although 
he  sought  a  life  of  tranquillity,  it  was  one  of  active  industry. 

To  many  of  his  friends  his  retirement  was  a  matter  of 
astonishment,  and  still  more  his  seclusion  from  the  busy 
world  in  the  sequestered  spot  he  had  chosen  for  his  resi- 


LIFE    OF    JOHN    JAY.  429 

dence.  Their  surprise  was  owing  to  their  imperfect  ac 
quaintance  with  his  motives  of  action.  He  had  indeed 
early  devoted  himself  to  the  cause  of  his  country,  but  it  was 
not  to  enjoy  her  honours  or  to  share  her  power.  He  sought 
not  the  glory  which  cometh  from  man,  and  the  only  power 
of  which  he  was  covetous  was  the  command  of  himself. 
He  served  his  country  from  obedience  to  what  he  believed 
the  will  of  his  Maker  ;  and  when  in  his  opinion  that  will  no 
longer  denied  him  the  enjoyments  of  private  life,  he  embraced 
them  with  eagerness  and  gratitude.  Alluding  in  a  letter  to 
his  late  appointment  of  chief  justice,  he  remarked,  that  after 
much  deliberation,  he  had  come  to  the  conclusion  "  that  his 
duty  did  not  require  him  to  accept  it." 

But  although  the  period  had  now  arrived  which  he  had 
earnestly  desired,  he  found  it  attended  with  privations  and 
anxieties. 

His  estate  at  Bedford,  which  had  descended  to  him  from 
his  ancestors,  had  long  been  occupied  only  by  tenants,  and 
was  in  a  neglected  and  dilapidated  state.  His  public  avo 
cations  had  prevented  him  from  making  such  repairs  and 
improvements  as  comfort  required ;  and  the  mansion  he 
had  recently  commenced  was  still  incomplete.  Mrs.  Jay's 
health  was  too  feeble  to  permit  her  to  encounter  the  incon 
veniences  to  which  an  immediate  removal  to  Bedford  would 
expose  her,  and  Mr.  Jay  left  Albany  accompanied  only  by 
one  of  his  daughters,  and  proceeding  to  his  farm,  took  pos 
session  of  his  unfinished  house.  In  a  letter  to  Mrs.  Jay,  a 
month  after  his  arrival,  he  observed :  "  The  noise  and  hurry 
of  carpenters,  masons,  and  labourers  in  and  about  the  house 
are  inconveniences  to  be  submitted  to,  but  not  to  be  chosen 
by  convalescents  or  invalids.  When  our  buildings  are 
finished,  and  things  put  in  order,  there  will  be  an  end  of 
many  disagreeable  embarrassments.  I  hope,  before  the 
conclusion  of  the  year,  we  shall  all  be  together  again.  Ex 
cept  going  to  meeting  on  Sundays,  I  have  not  been  even 
once  from  home  since  I  came  here.  I  find  myself  engaged 


430  UFE    OF   JOHN   JAY. 

by  and  in  the  business  now  going  on,  from  morning  till  night." 
His  residence  was  in  a  quiet  and  retired  part  of  Westches- 
ter  county,  fifty  miles  from  the  city  of  New- York.  The 
post-road,  on  which  a  mail  was  then  carried  to  and  from 
the  city  once  a  week,  passed  within  three  miles  of  his  house. 
In  this  secluded  situation  he  had  scarcely  any  society  but 
that  of  his  own  family  and  a  few  immediate  neighbours. 
It  might  be  supposed  that  so  sudden  and  total  a  change  of 
life  would  have  induced  weariness  and  inaction  ;  and  that 
a  mind  which  for  more  than  the  fourth  of  a  century  had 
been  incessantly  occupied  with  momentous  concerns,  would 
have  found  the  details  of  domestic  and  agricultural  arrange 
ments  insufficient  to  engage  its  attention.  But  his  fond 
ness  for  rural  pursuits,  together  with  the  condition  of  his 
estate,  furnished  him  with  constant  and  agreeable  employ 
ment. 

After  the  lapse  of  a  few  months,  Mrs.  Jay  found  her 
health  sufficiently  restored  to  permit  her  to  rejoin  the  family 
at  Bedford.  A  large  portion  of  her  life  had  been  unavoid 
ably  passed  in  the  gay  and  fashionable  world,  and  she  now 
bade  it  a  final  adieu,  not  only  without  regret,  but  with  un 
feigned  satisfaction.  Shortly  after  her  arrival  at  Bedford, 
in  a  letter  to  a  friend  describing  her  new  residence,  she 
remarked :  "  I  can  truly  say  I  have  never  enjoyed  so  much 
comfort  as  I  do  here."  It  was  however  the  will  of  Provi 
dence  that  this  comfort  should  soon  be  exchanged  for  that 
pure  and  enduring  bliss  which  had  through  life  been  the 
object  of  her  faith  and  prayers.  In  less  than  twelve  months 
after  her  removal  to  Westchester,  she  was  seized  with  a 
severe  illness,  which  in  a  few  days  terminated  fatally.  Mr. 
Jay,, calm  and  collected,  was  watching  by  her  side  when 
she  expired.  Immediately  on  perceiving  that  the  spirit  had 
taken  its  flight,  he  led  his  children,  who  were  with  him,  into 
an  adjoining  room,  and  with  a  firm  voice  but  glistening  eye, 
read  to  them  the  fifteenth  chapter  of  First  Corinthians ;  thus 
leading  their  thoughts  to  that  day  when  the  lifeless  but 


LIFE   OF   JOHN   JAY.  431 

beloved  form  they  had  just  left  would  rise  to  glory  and 
immortality. 

The  unexpected  breach  made  in  the  little  circle  at  Bed 
ford  was  painfully  aggravated  by  the  subsequent  long,  but 
unavoidable,  separation  of  most  of  the  children  from  their 
surviving  parent.  For  several  years  after,  Mr.  Jay  had 
rarely  more  than  one  of  his  family  with  him  at  a  time.  But 
his  trials  were  borne  with  patient  submission  to  Him  by 
whom  they  were  sent,  and  were  not  permitted  to  interrupt 
the  performance  of  any  of  his  accustomed  duties. 

The  following  extracts  from  his  correspondence  about 
this  time  throw  light  upon  his  character. 

"  My  time  passes  as  agreeably  as  (all  circumstances  con 
sidered)  I  could  reasonably  expect ;  so  that  I  am  not  only 

contented,  but  thankful  for  my  situation I  ought  to 

have  written  to  you  long  ago,  but  a  series  of  occurrences 
have  for  two  years  left  me  but  little  leisure  for  epistolary 
correspondence.  I  allude  to  Mrs.  Jay's  long  and  painful 
illness,,  and  (when  she  appeared  to  be  fast  recovering)  her 
unexpected  death ;  the  vicissitudes  in  my  own  health ;  the 
removal  of  my  family  to  this  place,  and  the  many  things  to 
be  done  for  their  accommodation ;  the  gradual  indisposition 
of  my  son,  who  is  now  on  the  ocean,  going  to  Italy  to  avoid 
the  winter  here,  &c.  These  are  afflicting  circumstances  ; 
but  considering  where  and  what  we  are,  troubles  of  one 
kind  or  other  are  to  be  expected,  and  to  be  borne  with  pa 
tience  and  resignation.  My  expectations  from  retirement 
have  not  been  disappointed  ;  and  had  Mrs.  Jay  continued 
with  me,  I  should  deem  this  the  most  agreeable  part  of  my 
life.  The  post,  once  a  week,  brings  me  our  newspapers, 
which  furnish  a  history  of  the  times.  By  this  history,  as 
well  as  by  those  of  former  times,  we  are  taught  the  vanity 
of  expecting,  that  from  the  perfectability  of  human  nature 
and  the  lights  of  philosophy  the  multitude  will  become  vir 
tuous  and  wise,  or  their  demagogues  candid  and  honest." 
"  Being  retired  from  the  fatigues  and  restraints 


432  LIFE    OF   JOHN   JAY. 

of  public  life,  I  enjoy  with  real  satisfaction  the  freedom  and 
leisure  which  has  at  length  fallen  to  my  lot.  For  a  long 
course  of  years,  I  had  been  looking  forward  with  desire  to 
the  tranquil  retirement  in  which  I  now  live,  and  my  ex 
pectations  from  it  have  not  been  disappointed.  I  flatter 
myself  that  this  is  the  last  inn  at  which  I  am  to  stop  in  my 
journey  through  life.  How  long  I  shall  be  detained  in  it  is 
uncertain ;  but  I  rejoice  in  the  prospect  and  probability  of 
my  being  permitted  to  pass  my  remaining  time  in  a  situa 
tion  so  agreeable  to  me. 

"  Do  not  conclude  from  this  that  I  am  without  cares  and 
anxieties.  Exclusive  of  those  which  are  more  or  less 
common  to  all  men,  I  have  an  excellent  son,  who  has  been 
obliged  by  hectic  complaints  to  relinquish  business,  and  to 
pass  two  winters  abroad.  I  hope  he  will  recover  his  health ; 
but  until  all  doubts  are  removed  some  solicitude  will 
remain.  The  truth  is,  that  although  in  numerous  respects 
I  have  abundant  reason  to  be  thankful ;  yet  in  others 
I  experience  the  necessity  and  value  of  patience  and 
resignation." 

"  As  to  myself,  both  gratitude  and  resignation 

have  strong  claims  to  my  attention.  To  find  myself  at  this 
period  of  my  life,  and  after  so  many  years  spent  in  affairs 
which  naturally  caused  solicitude,  placed  by  Providence  in 
my  present  tranquil,  comfortable  situation,  is  particularly 
grateful  to  my  feelings.  Within  a  year  after  my  removal 
to  this  place,  I  lost  my  faithful  and  affectionate  wife — I  feel 
her  absence.  I  have  five  children,  and  abundant  reason  to 
be  thankful  for  them  all.  My  eldest  son  has  for  several 
years  been  struggling  with  pulmonary  complaints,  and  a 
valuable  son-in-law  has  long  continued  so  much  indisposed 
that  his  recovery  is  not  certain.  To  you*  it  will  be  an  ob 
vious  reflection,  that  checkered  scenes  belong  to  a  state  of 
probation ;  and  that  being  here  as  birds  on  their  passage, 
this  is  not  the  proper  place  for  us  to  build  our  nests." 

*  Mr.  Wilberforce. 


LIFE    OF    JOHN    JAY.  433 

"  Accept  my  thanks  for  your  friendly  letter  of  the  10th 
inst.,  and  for  the  papers  you  were  so  obliging  as  to  send 
me,  and  which  I  assure  you  did  not  '  intrude  on  my  retire 
ment.'  When  I  withdrew  from  public  life,  I  carried  with 
me  the  same  cordial  attachment  to  the  honour  and  welfare 
of  our  country  by  which  I  had  uniformly  been  actuated. 
From  early  youth  it  was  my  desire  and  intention  to  live  in 
the  country  as  soon  as  prudence  and  propriety  would  per 
mit  me.  I  rejoiced  when  that  period  arrived,  and  having 
since  lived  very  much  as  I  had  long  wished  to  live,  my 
retirement  has  afforded  me  no  reasons  for  regret. 

"  Knowing,  both  from  history  and  experience,  that  men 
and  other  creatures  will  generally  act  according  to  their 
real  characters,  I  have  met  with  few  disappointments  in 
that  respect.  The  esteem  of  the  estimable  is  certainly  of 
great  value,  but  the  transient  praise  of  the  multitude,  like 
feathers  blown  on  and  off  by  the  passing  breeze,  can  weigh 
but  little.  Popular  fluctuations  resemble  those  of  the  ocean, 
and  they  both  depend  on  wind  and  weather,  and  are  too 
natural  and  common  to  afford  much  matter  for  surprise  or 
irritation.  Republics  are  frequently  to  be  pitied  rather 
than  blamed,  when,  mistaking  demagogues  for  patriots,  they 
suffer  from  the  demerit  of  those  they  appoint  to  manage  the 
public  affairs. 

"  The  proprieties  attached  to  a  situation  like  mine  assign 
certain  limits  to  active  interference  in  political  concerns. 
I  attend  every  election,  even  for  town  officers,  and,  having 
delivered  my  ballot,  return  home  without  having  mingled  in 
the  crowd  or  participated  in  their  altercations.  In  this 
town,  however,  elections  cause  but  little  dispute,  the  great 
majority  having  been  firm  whigs  during  the  war,  and  de 
cided  federalists  since  the  new  constitution. 

"  As  to  what  you  have  heard  of  my  being  very 

retired,  it  is  to  a  certain  degree  true.  The  fact  is,  that  I  live 
very  much  as  I  have  long  wished  to  do.  I  have  a  pleasant 
situation,  and  very  good  neighbours.  I  enjoy  peace,  and  a 

VOL.  I. K  K  K 


434  LIFE    OF    JOHN    JAY. 

competency  proportionate  to  my  comforts  and  moderate  de 
sires,  with  such  a  residue  of  health  as,  while  it  constantly 
whispers  "memento  mori"  still  permits  me  to  see  my  friends 
with  cheerfulness  and  pleasure.  The  burden  of  time  I  have 
not  experienced.  Attention  to  little  improvements,  occa 
sional  visits,  the  history  which  my  recollections  furnish,  and 
frequent  conversations  with  the  '  mighty  dead/  who,  in  a  cer 
tain  sense,  live  in  their  works,  together  with  the  succession 
of  ordinary  occurrences,  preserve  me  from  ennui.  They 
who  really  endeavour  to  *  grow  wiser  and  better  as  their 
years  wear  away'  feel  little  temptation  to  permit  the  fable 
of  the  countryman  and  his  ass  to  be  applicable  to  them. 
So  much  respect  only  is  due  to  the  dictums  of  the  day  as 
they  may  be  worth  ;  every  thing  beyond  it  is  vox  etprceteria 
nihil.  Party  feuds  give  me  concern;  but  they  seldom 
obtrude  upon  me." 

Mr.  Jay,  finding  on  his  removal  to  Bedford  no  Episcopal 
church  in  the  vicinity,  constantly  attended  the  one  belong 
ing  to  the  Presbyterians  ;  nor  did  he  scruple  to  unite  with 
his  fellow-Christians  of  that  persuasion  in  commemorating 
the  passion  of  their  common  Lord.  His  Catholicism,  how 
ever,  did  not  diminish  his  attachment  to  his  own  denomina 
tion.  He  was  instrumental  in  erecting  an  Episcopal  church 
in  Bedford,  and  was,  during  the  rest  of  his  life,  a  generous 
benefactor  to  it,  and,  by  his  will,  left  a  liberal  annuity  to  its 
pastor.  His  reluctance  to  hold  any  office  led  him  to  decline 
a  seat  in  the  vestry  of  this  church,  but  his  advice  and  aid 
were  frequently  asked  and  cheerfully  given.  Some  mat 
ters  of  business  requiring  a  communication  to  the  vestry  of 
Trinity  church,  in  the  city  of  New-York,  he  was  requested 
to  prepare  it ;  and  he  took  the  opportunity  of  addressing  to 
that  powerful  and  influential  corporation  some  remarks 
on  topics  which  he  regarded  as  deeply  interesting  to  the 
church  at  large.  The  draught  was  cordially  approved  and 
adopted  by  the  Bedford  church.  As  this  document  exhibits 
the  writer's  views  on  certain  points  which  have  divided  the 


LIFE    OF    JOHN    JAY.  435 

opinions  of  Episcopalians,  and  evinces  the  same  inflexible 
opposition  to  assumed  authority  in  the  church  which  he  had 
so  illustriously  displayed  to  usurpations  in  the  State,  we  are 
induced  to  give  the  following  extracts  : 

"  Permit  us  now  to  request  your  attention  to  a  subject  of 
more  importance :  it  affects  us  all.  You  will  recollect 
that  Mr.  Streebeck,  in  his  letter  respecting  our  call,  men 
tioned  his  expectation  of  being  inducted,  according  to  the 
forms  of  what  is  called  '  the  office  of  Induction.' 

"  At  that  time  we  knew  so  little  of  that  paper  as  to  be 
unable  to  say  any  thing  decided  to  him  about  it ;  we  after 
ward  procured  and  considered  it.  To  us  it  appeared  to  be 
liable  to  objections  so  manifest  and  so  insuperable,  as  that 
we  never  could  consent  to  have  a  minister  inducted  into 
our  church  in  that  way. 

"  That  office  of  induction  ought  not,  in  our  opinion,  to  be 
permitted  to  glide  silently  into  operation,  and  acquire  claims 
to  obedience  from  successive  instances  of  unguarded  acqui 
escence.  Whether  that  instrument  is  with  or  without 
precedent  in  the  Christian  church,  or  by  whom  or  for  what 
purposes  it  was  devised,  are  questions  on  which  we  make 
no  remarks.  Amid  the  prayers  and  piety  by  which  it  is 
decorated,  are  to  be  found  unconstitutional  assumptions  of 
power,  accompanied  with  a  degree  of  parade  and  pageantry 
which,  however  conducive  to  other  objects,  have  no  natural 
connexion  with  the  mere  business  of  induction.  We 
believe  that  episcopacy  was  of  apostolic  institution,  but  we 
do  not  believe  in  the  various  high  church  doctrines  and 
prerogatives  which  art  and  ambition,  triumphing  over  cre 
dulity  and  weakness,  have  annexed  to  it. 

"  By  the  office  of  induction,  the  bishop  is  to  give  a  formal 
commission,  under  his  episcopal  seal  and  signature,  to  the 
minister,  whom  the  corporation  had  called  and  engaged  to 
be  their  rector ;  giving  and  granting  to  him  the  bishop's 


436  LIFE    OF   JOHN    JAY. 

license  and  authority  to  perform  the  office  of  a  priest  of 
that  parish. 

"  We  believe  that  every  Episcopalian  priest,  ordained 
according  to  the  rules  of  our  church,  has,  in  virtue  of  that 
ordination,  good  right  and  authority  to  preach  the  gospel, 
and  perform  divine  service  in  any  parish ;  but  we  admit 
the  propriety  of  being  restrained  by  the  bishop  from  calling 
and  settling  any  other  than  an  Episcopalian  minister  so 
ordained  and  of  fair  character.  We  therefore  think  it  fit 
that  the  bishop's  approbation  on  those  two  points  should 
precede  a  call.  We  believe  that  we  have  a  right  to  con 
tract  with  and  employ  any  such  minister  to  be  our  rector ; 
and  that  such  contract  is  the  only  valid  and  proper  com 
mission  which  he  can  have  to  be  our  particular  minister  or 
rector. 

"  We  believe  that  both  we  and  such  minister  have  good 
right  to  make  such  a  contract ;  that  when  made  it  is  a  civil 
contract ;  and  that  the  Convention  have  no  authority  to 
divest  either  priest  or  laymen  of  their  right  to  make  it. 

"  By  the  office  of  induction  and  the  commission  directed 
by  it,  the  bishop  does  induct  the  minister  into  the  parish, 
and  does  ordain  that  he  shall  claim  and  enjoy  all  the  accus 
tomed  temporalities  appertaining  to  his  cure. 

"  We  believe  that  the  induction  of  a  priest  into  a  parish 
is  neither  more  nor  less  than  giving  him  the  key  of  the 
church,  and  putting  him  in  possession  of  such  houses,  tene 
ments,  and  lands,  as  he  is  entitled,  by  his  contract  with  the 
corporation,  to  occupy  and  enjoy.  This  is  a  business  which 
can  lawfully  be  done  only  by  the  proprietors,  nor  can  we 
perceive  the  least  shadow  of  right  in  the  bishop  or  in  any- 
other  person  to  meddle  with  it. 

"  As  the  bishop  has  no  title  to,  nor  care  of,  nor  any  busi 
ness  with  the  temporalities  of  any  church,  we  reject  with 
decision  every  order  or  ordinance  of  his  respecting  the 
property  of  our  corporation ;  we  think  it  highly  improper 
that  he  should  attempt  to  meddle  with  our  estate,  or  pre^ 


LIFE    OF   JOHN    JAY.  437 

sume  to  order  any  person  whatever  to  claim  and  enjoy  all 
or  any  part  of  it.  As  to  the  pretence  that  he  does  it  be 
cause  they  who  serve  at  the  altar  should  live  of  the  things 
of  the  altar ;  or  in  other  words,  that  we  ought  to  maintain 
our  minister,  it  is  too  frivolous  to  be  even  plausible.  As 
the  Lord  and  Giver  of  all  property  had  already  made  an 
ordinance  on  this  subject,  another  ordinance  of  the  like 
import  by  the  bishop  was,  to  say  the  least,  unnecessary. 
In  this  case  his  admonitions  would  be  more  proper  than 
his  orders.  Besides,  the  bishop  must  know,  and  does  know, 
that  whatever  relates  to  the  support  of  the  minister,  is 
always  settled  and  fixed  by  a  contract  between  him  and 
his  congregation,  before  his  induction  as  their  rector.  And 
therefore  it  can  neither  be  very  necessary,  nor  very  decor 
ous,  for  the  bishop  to  ordain  that  the  minister  shall  claim 
and  enjoy,  what  the  corporation  had  previously  promised 
and  engaged  that  he  should  have  and  enjoy. 

"  By  the  same  instrument  the  bishop  further  ordains  that 
the  said  minister  shall  claim  and  enjoy  the  said  temporali 
ties,  not  for  any  prescribed  or  limited  time,  but  until  he 
shall  be  separated  from  the  congregation  by  episcopal 
authority. 

"  In  cases  where  the  contract  with  the  minister  is  clearly 
expressed  and  well  understood  to  be  for  a  limited  time,  can 
the  bishop,  with  any  appearance  of  probity  or  propriety, 
ordain  that  the  minister  shall,  after  the  expiration  of  that 
time,  still  continue  to  claim  and  enjoy  the  temporalities 
without  a  new  contract  ?  Or  is  it  the  object  and  design  of 
this  same  office  of  induction,  to  divest  us  of  the  important 
right  which  we  have  by  the  laws  of  God  and  of  our  coun 
try,  to  make  civil  and  lawful  contracts  of  limited  duration 
with  any  person  for  his  services,  whether  priest  or  layman  ? 
We  fear  this  design  is  in  operation,  for  we  understand  that 
every  priest  who  shall  make  such  a  contract  is  to  be  ex 
cluded  from  a  seat  in  the  Convention. 

"  We  for  our  parts  are  far  from  being  prepared  to  admit 


438  LIFE    OP   JOHN    JAY. 

the  validity  and  power  of  any  canon  to  divest  us  of  this 
right,  or  to  punish  or  disfranchise  a  priest  for  exercising  it. 
We  know  of  nothing  in  the  gospel  which  forbids  such  con 
tracts.  To  insist  that  we  shall  take  a  priest  for  better  or 
for  worse,  and  to  keep  and  to  pay  him  whether  he  proves 
worthy  or  unworthy,  faithful  or  unfaithful,  whether  we  like 
him  or  whether  we  do  not  like  him,  is  really  demanding 
more  than  ought  either  to  be  demanded  or  to  be  complied 
with.  It  is  said,  that  the  bishop  may  afford  relief.  It  is 
true  that  he  may ;  but  it  is  also  true  that  he  may  not. 

"  As  to  the  bishop's  being  the  arbiter  and  judge  of  dis 
putes  between  a  congregation  and  their  rector,  we  observe, 
that  all  such  of  their  disputes  as  turn  on  questions  of  a  civil 
nature  belong  to  the  jurisdiction  of  the  courts  of  law ;  and 
that  no  canon  can  either  deprive  those  courts  of  that  juris 
diction,  nor  divest  any  freeman  of  his  right  to  have  those 
disputes  determined  by  the  laws  and  by  a  jury  of  the  coun 
try  :  and  consequently,  that  no  canon  can  or  ought  to  con 
stitute  the  bishop  to  be  the  arbiter  or  judge  of  them.  But 
where  the  disputes  turn  on  points  of  doctrine,  we  admit  the 
fitness  of  their  being  decided  by  the  bishop,  so  far  as  to 
settle  the  dispute  ;  but  not  in  all  cases  so  far  as  to  settle  the 
doctrine  ;  for  there  has  been  a  time  when,  if  the  people  had 
continued  to  believe  and  adhere  to  all  the  decisions  and 
doctrines  of  their  bishops,  we  should  not  have  heard  of,  nor 
have  been  blessed  with  the  reformed  Protestant  religion. 

"  We  cannot  consider  it  as  being  altogether  consistent 
with  decorum,  that  the  office  of  induction  should  order  the 
senior  warden,  who  is  the  first  officer  of  the  corporation, 
to  stand  at  an  appointed  place,  on  the  day  of  induction, 
during  Divine  service,  holding  the  keys  of  the  church  in  his 
hand  in  open  view,  as  a  mere  pageant.  We  cannot  ap 
prove  of  his  being  directed  then  to  deliver  the  keys  to  the 
new  incumbent,  as  a  token  that  the  parish  did  acknowledge 
him  to  be,  what  they  had  already  made  him  to  be,  their 
rector.  We  can  as  little  approve  of  what  the  new  incum- 


LIFE    OF   JOHN   JAY.  439 

bent  is  thereupon  to  say  to  the  senior  warden,  viz.  *  I  re 
ceive  these  keys  as  pledges  of  the  bishop's  episcopal  induc 
tion,  and  of  your  recognition.1 

"  Recognition  of  what  ?  That  they,  the  churchwardens, 
vestry,  and  congregation,  are  all  ciphers  in  the  business. 
It  is  not  easy  to  observe  and  examine  these  things  without 
feeling  some  degree  of  indignation.  We  cannot  dismiss 
the  office  of  induction  without  expressing  our  disapproba 
tion  of  introducing  an  opinion  on  a  disputed  point  into  one 
of  the  prayers  directed  to  be  used  on  the  day  of  induction ; 
it  is  this : 

" '  O  holy  Jesus,  who  has  purchased  to  thyself  an  uni 
versal  church,  and  has  promised  to  be  with  the  ministers 
of  apostolic  succession  to  the  end  of  the  world/ 

"  This  is  not  the  promise  literally,  but  the  promise  para 
phrased  and  expounded.  The  promise  of  our  Saviour  is, 
'  And  lo,  I  am  with  you  alway,  even  unto  the  end  of  the 
world.' 

"As  the  apostles  were  all  to  die  in  a  few  years,  this 
promise  could  not  be  understood  as  limited  to  them  per 
sonally,  but  as  extending  to  a  certain  description  of  per 
sons  throughout  all  ages  of  the  world.  To  what  description 
of  persons  does  the  promise  extend  ?  is  the  question.  To 
this  question,  they  who  made  the  above  paraphrase  answer, 
that  it  intends  and  extends  to  *  the  ministers  of  apostolic 
succession1  If  it  be  asked,  whether  the  ministers  of  the 
Calvinistic  and  of  certain  other  churches  are  of  apostolic 
succession,  it  is  answered  by  all  our  bishops  and  clergy 
that  they  are  not.  It  follows,  therefore,  of  necessary  con 
sequence,  that  our  bishops  and  clergy,  and  their  congrega 
tion,  when  they  offer  up  their  prayer  to  Almighty  God, 
must  offer  it  with  the  meaning  and  understanding  that  the 
gracious  promise  mentioned  in  it  is  confined  to  Episcopalian 
ministers,  and  therefore  excludes  the  ministers  of  all  other 
denominations  of  Christians. 


440  LIFE    OF    JOHN    JAY. 

"  Who  is  there  among  us  that  can  be  prepared  to  declare^ 
in  solemn  prayer,  and  in  such  positive  and  unqualified 
terms,  that  none  but  Episcopalian  ministers  have  any  part 
or  lot  in  this  important  promise  ?  Who  is  there  that  can 
be  certain  that  the  apostles,  as  to  that  promise,  were  not 
considered  as  the  representatives  of  all  who  should  become 
sincere  and  pious  converts  to,  and  believers  in,  the  doctrines 
which  they  were  sent  to  publish  and  to  teach?  What 
good  reason  can  be  assigned  for  our  being  called  upon  by 
the  office  of  induction  to  adopt  thus  solemnly  in  prayer  a 
doubtful  exposition  and  construction  of  the  promise ;  for 
doubtful  it  most  certainly  is,  having  from  the  reformation 
to  this  day  been  a  subject  of  controversy  and  dispute  be 
tween  the  ablest  and  best  Christian  divines.  Great,  indeed, 
must  be  the  confidence  and  hardihood  of  those  advocates  for 
this  construction  of  the  promise  who  can,  without  hesita 
tion,  deny  that  our  blessed  Redeemer  was  with  those  non- 
episcopalian  ministers  and  congregations  amounting  to 
several  hundred  thousands,  who  for  his  sake  endured  all 
the  varieties  and  rigours  of  persecution.  If  the  great  Cap 
tain  of  our  Salvation  was  not  with  them,  how  and  by 
whom  were  they  enabled  to  meet  and  sustain  such  trials  so 
firmly,  to  resist  the  adversary  so  resolutely,  and  to  fight 
the  good  fight  of  faith  so  triumphantly  ? 

"  It  may  not  be  unworthy  of  remark,  that  as  a  prophecy 
is  best  understood  from  its  completion,  so  the  manner  in 
which  a  Divine  promise  is  performed,  affords  the  best  ex 
position  of  its  true  and  original  meaning. 

"  Lastly.  Let  it  be  remembered,  and  corporations  should 
recollect  their  charters,  that  in  the  year  1795  the  Protestant 
Episcopal  church  in  this  State  did  apply  for  and  did  obtain 
an  act  of  the  Legislature  of  this  State,  passed  the  seven 
teenth  day  of  March  in  that  year,  which  contains  the  fol 
lowing  clause. 

"  *  And  be  it  further  enacted,  that  the  churchwardens  and 


LIFE    OF   JOHN    JAY.  441 

vestry  for  the  time  being,  shall  be,  and  hereby  are  vested 
with  full  power  to  call  and  induct  a  rector  to  the  church, 
when  and  so  often  as  there  shall  be  a  vacancy  therein.' 

"We  submit  to  your  consideration  whether  measures 
should  not  be  taken  to  do  away  the  office  of  induction  ;  and 
if  there  must  be  such  a  thing  introduced  into  the  church, 
that  it  may  be  such  a  one  as  will  leave  both  clergy  and 
laity  in  quiet  possession  of  their  respective  rights. 

"  It  is  with  sincere  regret  and  reluctance  that  we  find 
ourselves  urged,  by  obvious  considerations,  to  proceed  to 
remarks  on  another  interesting  topic,  which  cannot  be 
agreeable  to  many  whose  affections  and  good-will  we  are 
solicitous  to  cultivate  by  every  becoming  mark  of  respect. 
We  know  how  much  the  welfare  of  our  infant  church  de 
pends  on  their  friendly  disposition  towards  us,  and  it  cer 
tainly  is  as  little  our  inclination  as  it  is  our  interest  to  incur 
their  displeasure.  But  painful  as  it  may  be,  we  must  main 
tain  our  right,  even  at  the  risk  of  losing  their  good-will. 

"For  a  considerable  time  past,  we  have  observed  a 
variety  of  circumstances  connected  with  church  affairs 
which,  on  being  combined  and  compared  one  with  the 
other,  justify  inferences  which,  in  our  opinion,  are  exceed 
ingly  interesting,  not  only  to  the  rights  of  the  laity,  but  also 
to  our  churches  in  general,  and  to  yours  in  particular.  We 
allude  to  the  gradual  introduction  and  industrious  propaga 
tion  of  high  church  doctrines.  Of  late  years,  they  have 
frequently  been  seen  lifting  up  their  heads  and  appearing  in 
places  where  their  presence  was  neither  necessary  nor  ex 
pected.  There  never  was  a  time  when  those  doctrines 
promoted  peace  on  earth  or  good- will  among  men.  Origi 
nating  under  the  auspices  and  in  the  days  of  darkness  and 
despotism,  they  patronsied  darkness  and  despotism  down 
to  the  Reformation.  Ever  encroaching  on  the  rights  of 
governments  and  people,  they  have  constantly  found  it 
convenient  to  incorporate,  as  far  as  possible,  the  claims  of 
the  clergy  with  the  principles  and  practice  of  religion ;  and 

VOL.  I.— L  L  L 


442  LIFE    OF   JOHN   JAY. 

their  advocates  have  not  ceased  to  preach  for  Christian 
doctrines  the  commandments  and  devices  of  men. 

"  To  you  it  cannot  be  necessary  to  observe,  that  high 
church  doctrines  are  not  accommodated  to  the  state  of 
society,  nor  to  the  tolerant  principles,  nor  to  the  ardent 
love  of  liberty  which  prevail  in  our  country.  It  is  well 
known  that  our  church  was  formed  after  the  revolution 
with  an  eye  to  what  was  then  believed  to  be  the  truth  and 
simplicity  of  the  gospel ;  and  there  appears  to  be  some  rea 
son  to  regret  that  the  motives  which  then  governed  have 
since  been  less  operative. 

"  We  know  that  our  obscure  and  unimportant  corpora 
tion  can  do  but  little.  Providence  has  placed  you  under 
different  circumstances.  You  have  stronger  inducements 
to  watchfulness,  more  means  to  do  good,  and  more  power 
to  avert  evil. 

"  Permit  us  to  hope  that  the  subjects  of  this  letter  will 
engage  your  serious  consideration.  Whatever  may  be  the 
result,  we  shall  have  the  satisfaction  of  reflecting  that  we 
have  done  our  duty,  in  thus  explicitly  protesting  against 
measures  and  proceedings  which,  if  persevered  in,  must 
and  will,  sooner  or  later,  n  dterially  affect  the  tranquillity 
and  welfare  of  the  church." 

Some  slight  alterations  have  since  been  made  in  the  office 
of  induction  ;  but  it  is  to  be  regretted  that  the  objectionable 
expressions  and  assumptions  have  been  retained. 

Mr.  Jay  continued  for  many  years  actively  engaged  in 
the  improvements  of  his  farm  ;  and  conducted  them  with 
that  prudence  and  foresight  which  in  more  important  mat 
ters  had  marked  his  character.  He  disclaimed  all  intention 
of  converting  his  farm  into  what  is  usually  termed  "  a  seat ;" 
regarding  expensive  rural  decorations  as  inconsistent  with 
the  state  of  American  society  and  fortunes,  and  too  often 
leading  to  the  alienation  of  the  estate  itself.  His  buildings, 
<fec.  were  therefore  constructed  with  simplicity,  and  with 


LIFE    OP   JOHN    JAY.  443 

direct  reference  to  the  uses  for  which  they  were  intended ; 
but  no  cost  was  spared  in  procuring  the  best  materials,  and 
in  putting  them  together  in  the  most  durable  manner.  A 
friend  who  had  passed  some  days  with  him,  noticing  the 
works  in  which  he  was  engaged,  and  conversing  much  with 
him  on  religious  subjects,  remarked  on  his  departure  that 
Governor  Jay,  in  all  his  conduct,  seemed  to  have  reference 
to  perpetuity  in  this  world  and  eternity  in  the  next.  The 
immediate  cultivation  of  the  farm  he  committed  to  an  over 
seer  ;  but  all  the  improvements  were  conducted  under  his 
own  superintendence,  and  he  took  much  pleasure  in  over 
looking  and  directing  his  workmen. 

When  his  health  and  the  weather  permitted,  he  spent 
most  of  the  day  in  the  open  air,  and  no  small  portion  of  it 
on  horseback.  '  The  state  of  his  health  rendered  him  indis 
posed  to  go  far  from  home  ;  but  having  a  daughter  settled 
in  Albany,  and  a  son  in  New- York,  he  occasionally,  although 
rarely,  visited  those  cities.  Of  the  "mighty  dead"  with 
whom,  he  says  in  one  of  his  letters,  he  was  in  the  habit  of 
conversing,  Cicero  seemed  to  be  his  favourite.  For  modern 
literature  he  had  little  taste ;  at  least,  whether  from  want 
of  time  or  inclination,  he  read  few  new  books.  The  Scrip 
tures  were  pre-eminently  his  study,  and  were  the  subjects 
of  his  daily  and  careful  perusal. 

In  all  his  domestic  habits  he  observed  great  exactness 
and  regularity.  During  the  whole  of  his  residence  at  Bed 
ford,  till  near  its  close,  he  almost  constantly  rose  with  or 
before  the  sun  at  all  seasons ;  and  when  the  weather  per 
mitted,  was  frequently  on  horseback  before  breakfast.  He 
required  his  meals  to  be  served  with  great  punctuality. 
Every  morning  immediately  before  breakfast,  the  family, 
including  the  domestics,  were  summoned  to  prayers ;  and 
the  call  was  repeated  precisely  at  nine  at  night,  when  he 
read  to  them  a  chapter  in  the  Bible,  and  concluded  with 
prayer.  At  the  close  of  the  evening  devotions  he  retired  to 
rest,  except  when  courtesy  to  his  guests  induced  him  to 


444  LIFE    OP   JOHN    JAY. 

keep  later  hours ;   but  the  presence  of  company  neither 
postponed  nor  suspended  the  family  worship. 

Being  one  day  told  that  some  of  his  friends  had  inquired 
how  it  was  possible  for  him  to  occupy  his  mind  at  Bedford ; 
he  replied,  with  a  smile,  "  I  have  a  long  life  to  look  back 
upon,  and  an  eternity  to  look  forward  to." 

In  the  course  of  a  few  years,  circumstances  permitted 
him  to  enjoy  more  of  the  society  of  his  children,  and  his 
family  circle  was  gradually  enlarged  by  the  addition  of  his 
children's  children. 

The  war,  declared  in  1812  by  the  United  States  against 
Great  Britain,  although  it  did  not  disturb  his  retirement,  led 
him  in  a  slight  degree  to  mingle  once  more  in  the  counsels  of 
his  political  friends. 

A  few  days  after  the  declaration  of  war,'  a  gentleman  in 
New- York  wrote  to  him  :  "  The  merchants  are  delighted 
with  the  tenth  article  of  your  treaty,  which  prohibits 
sequestration  of  debts  in  time  of  war.  Great  Britain  is  now, 
by  a  singular  change  of  circumstances,  our  debtor  to  the 
amount  of  very  many  millions." 

It  was  natural  that  federalists  should  wish  to  know  what 
course  of  conduct,  under  the  existing  circumstances  of  the 
country,  their  old  and  respected  leader  would  recommend 
to  them.  A  letter  addressed  to  him  for  this  purpose  con 
tained  the  following  passage  : — "  I  cannot  conclude  without 
expressing  a  wish  that  you  would  favour  me  with  a  letter, 
under  such  restrictions  as  you  may  think  proper,  and  which 
shall  be  punctually  regarded.  Be  assured,  my  dear  and 
valued  friend,  your  name  does  not  cease  to  give  weight  to 
opinion." 

To  this  he  replied : 

"  Bedford,  28th  July,  L812. 
"  DEAR  SIR, 

"  I  received  on  Saturday  last  your  friendly  letter  of  the 
20th  instant. 

"  No  event  that  is  highly  interesting  to  our  country  can 


LIFE    OF   JOHN    JAY.  445 

be  viewed  with  indifference  by  good  citizens  ;  and  there 
are  certain  occasions  when  it  is  not  only  their  right,  but 
also  their  duty,  to  express  their  sentiments  relative  to  public 
measures. 

"  As  the  war  has  been  constitutionally  declared,  the  people 
are  evidently  bound  to  support  it  in  the  manner  which  con 
stitutional  laws  do  or  shall  prescribe. 

"  In  my  opinion,  the  declaration  of  war  was  neither  neces 
sary,  nor  expedient,  nor  seasonable  ;  and  I  think  that  they 
who  entertain  this  opinion  do  well  in  expressing  it,  both 
individually  and  collectively,  on  this  very  singular  and  im 
portant  occasion. 

"  As  to  town  meetings  on  the  subject,  the  expediency  of 
them  depends  much  on  the  question,  whether  and  how  far 
the  inhabitants  of  the  town  concur  or  disagree  in  sentiment. 
When  convened,  their  proceedings  and  resolutions  should 
be  decided  and  firm,  and  they  should  also  be  temperate  and 
decent.  Ti^re  are  few  ideas  which  cannot  be  decently 
dressed.  Harsh  and  violent  expressions  neither  convince 
nor  persuade.  A  Spanish  proverb  says,  *  We  cannot  catch 
flies  with  vinegar.' 

"  The  irascible  passions,  when  highly  excited,  are  diffi 
cult  to  control,  and  sometimes  produce  or  lead  to  events 
which  are  to  be  deprecated.  Commotions  tending  to  a  dis 
solution  of  the  tJnion,  or  to  civil  war,  would  be  serious 
evils.  A  change  of  measures  would  result  from  a  change  of 
rulers,  and  public  opinion  is  the  proper  mean  of  effecting  it. 

"  I  do  not  hesitate  to  express  these  sentiments  on  proper 
occasions  ;  but  it  would  not  be  pleasant  to  be  quoted  in 
newspapers,  or  hand-bills,  or  public  speeches. 

"  Thus,  my  dear  sir,  I  have  complied  with  your  request 
very  clearly  and  explicitly.     It  would  have  given  me  plea 
sure  to  have  done  this  in  conversation,  and  to  have  talked 
over  with  you  many  other  matters,  both  old  and  new. 
"  I  am,  my  good  friend, 

"  Yours,  sincerely  and  affectionately, 

"  JOHN  JAY." 


446  UFE    OF   JOHN   JAY. 

The  constitutional  principles  here  advanced  will  be 
generally  admitted,  but  most  readers  will  probably  view 
the  opinion  expressed  of  the  war  itself  in  accordance  with 
their  own  previous  sentiments.  To  attempt  a  defence  of 
this  opinion  would  be  to  enter  into  the  wide  and  rugged 
field  of  party  controversy.  Suffice  it  to  remark,  that  as 
the  treaty  of  peace  failed  to  secure  to  the  United  States  any 
one  of  the  professed  objects  for  which  they  had  appealed 
to  arms,  it  affords,  at  least,  strong  presumptive  evidence 
that  the  war  was  "neither  necessary,  nor  expedient,  nor 
seasonable." 

Early  in  August,  Mr.  Jay  met  a  few  of  his  friends  at 
Morrisania,  to  consult  on  the  measures  proper  to  be  pursued 
at  the  present  juncture.  It  was  determined  that  a  public 
meeting  should  be  held  in  the  city  of  New- York,  for  the 
purpose  of  disapproving  of  the  war,  and  for  recommending 
the  election  of  delegates  from  the  several  counties  to  a  State 
convention,  by  which  the  sense  of  the  peace  party  might 
be  collected  and  expressed.  A  convention  of  delegates 
from  the  several  States  was  also  contemplated.  The  pro 
posed  meeting  in  New- York  wras  accordingly  held,  and 
soon  after,  in  pursuance  of  the  plan  agreed  on,  a  peace 
meeting  was  held  in  Westchester  county. 

"TO   JOHN    JAY. 

"  Morrisania,  llth  September,  1812. 
"  MY  DEAR  FRIEND, 

"  You  will  have  learned  that  on  my  nomination  you  was 
chosen  one  of  the  delegates  from  Westchester  county.  If 
you  should  attend  the  first  day,  you  would,  I  doubt  not,  be 
chosen  president ;  but  I  think  this  would  not  suit  you ; 
neither  would  it  coincide  with  my  project,  which  is  that 
you  should  be  one  of  the  delegates  to  the  general  conven 
tion.  Tell  me  frankly  your  view  of  the  subject,  and  who 
is  in  your  opinion  most  suitable  for  the  president.  You 


LITE    OF   JOHN    JAY.  447 

know  that  a  man  raised  to  that  point  will  not  willingly 
afterward  fall  into  the  ranks. 

"  Yours,  truly, 

"  GOUVERNEUR  MoRRIS. 

"  P.  S.  King  is  to  go  from  Queens  county." 

"  TO    GOUVERNEUR    MORRIS. 

"Bedford,  21st  Sept.,  1812. 
"  DEAR  MORRIS, 

"I  received  on  the  19th  your  letter  of  the  llth  instant, 
The  diminution  of  my  health  since  I  left  you,  leaves  me 
very  little  reason  to  expect  a  return  of  such  a  degree  of  it 
as  would  enable  me  to  attend  to  any  business  like  that  in 
question.  To  undertake  a  task  without  a  prospect  and 
probability  of  performing  it  properly,  is  to  deviate  from  the 
path  of  prudence. 

"  Your  revolutionary  services,  the  general  confidence  in 
your  abilities  and  views,  your  standing  in  society  and  expe 
rience  in  affairs,  your  having  much  to  preserve  or  to  lose, 
are  considerations  which  inspire  trust  and  create  influence. 

"  In  my  opinion,  the  president  of  every  county,  state,  or 
national  convention  should  be  a  person  fitted  to  receive 
and  employ  authority  consistent  with  the  laws  and  consti 
tution.  This  idea,  if  placed  in  certain  lights,  may  excite 
perplexing  apprehensions,  and  therefore  should  be  discreetly 
used.  Let  us  have  efficient  leaders,  and  place  them  where 
they  will  appear  to  be  so. 

"  Although  the  place  of  president  of  the  proposed  con 
vention  might  not  be  agreeable  to  you  or  to  Mr.  King,  yet 
it  is  desirable  that  you  or  he  consent  to  accept  it.  Impor 
tant  matters  may  be  matured  in  a  committee  of  the  whole 
House. 

"  The  convention  should  extend  their  views  to  what  may 
be,  as  well  as  what  is.  Prudence  looks  all  around — before  as 
well  as  behind.  Measures  to  favour  system  and  organization 


448  LIFE    OF   JOHN   JAY. 

should  be  adopted.  Moderation,  but  no  timidity, — wisdom, 
but  no  cunning,  should  mark  their  proceedings.  When  the 
business  of  the  session  is  finished,  they  should  adjourn,  not 
dissolve,  and  let  the  president  be  authorized  to  convene 
them  if  in  his  judgment  an  occasion  to  render  it  expedient 
should  occur.  Provision  should  be  made  for  a  new  con 
vention  after  the  expiration  of  the  year,  in  case  affairs  should 
then  require  a  convention. 

"  It  is  possible  that  a  convention  of  delegates  from  the 
friends  of  peace  in  all  the  States,  or  a  certain  portion  of 
them,  may  become  advisable.  A  regular  correspondence 
between  the  presidents  of  the  State  conventions  should  be 
maintained,  and  the  state  of  public  opinion  and  feeling  be 
seasonably  ascertained  and  attended  to. 

"  The  French  will  not  relax  their  efforts  to  render  our 
nation  subservient  to  their  designs ;  and  their  political  and 
pecuniary  means  will  be  industriously  employed  to  effect  it. 

"  Besides,  there  may  perhaps  be  an  occurrence  of  pecu 
liar  circumstances  inviting  the  use  of  means  more  palpable. 
This  may  or  may  not  be.  Any  thing  like  civil  war  or  op 
pression  is  to  be  deprecated  ;  but  it  would  be  better  to  meet 
it  as  not  unexpected,  than  be  taken  by  surprise,  or  submit 
to  be  slaves  or  victims. 

"  They  who  sail  in  hurricane  seasons  and  latitudes  should 
be  prepared  and  vigilant. 

"Present  my  compliments  and  best  wishes  to  Mrs. 
Morris. 

"  Yours  sincerely, 

"JOHN  JAY." 

A  high  political  excitement  was  ^t  this  time  kindled  in 
Westchester  county,  and  indeed  throughout  the  State  ;  and 
preparations  were  made  by  the  opposing  parties  for  a 
vigorous  contest  at  the  ensuing  election.  Three  members 
were  to  be  returned  to  the  House  of  Assembly  from  West- 
Chester.  To  one  of  the  candidates  nominated  by  the  peace 


LIFE    OF   JOHN    JAY.  449 

party,  Mr.  Jay  and  some  others  had  strong  objections,  on 
account  of  certain  tergiversations  of  which  he  was  alleged 
to  have  been  guilty ;  and  they  accordingly  withheld  their 
support  from  him  and  defeated  his  election,  while  the  other 
two  candidates  were  returned.  For  this  breach  of  party  dis 
cipline  they  were  openly  censured  by  their  political  friends. 
Mr.  Jay  published,  anonymously,  a  vindication  of  the 
course  pursued  by  himself,  and  those  who  acted  with  him. 
The  lofty  and  independent  sentiments  advanced  in  the  con 
clusion  of  this  vindication,  are  in  perfect  keeping  with  the 
character  of  the  writer. 

"  We  approve  of  the  customary  mode  of  nominating  can 
didates,  and  have  uniformly  concurred  in  it ;  that  concur 
rence  certainly  involved  our  tacit  consent  to  be  bound  by 
the  nominations  which  should  be  so  made.  But  it  is  equally 
certain  that  such  consent  did,  does,  and  ever  will  rest,  on 
the  condition,  trust,  and  confidence,  that  such  nominations 
only  be  made  as  we  could  or  can  support,  without  trans 
gressing  the  obligations  we  are  under  to  preserve  our  char 
acters  and  our  minds  free  from  humiliation  and  reproach. 
We  are,  and  will  be,  faithful  to  the  peace  party  ;  but  we  will 
also  be  faithful  to  our  sense  and  conviction  of  what  is  decent 
and  becoming  for  us  to  do. 

"Adherence  to  party  has  its  limits,  and  they  are  pre 
scribed  and  marked  by  that  Supreme  wisdom  which  has 
united  and  associated  true  policy  with  rectitude,  and  honour, 
and  self-respect." 

The  remainder  of  Mr.  Jay's  life  being  entirely  passed  in 
the  bosom  of  his  family,  and  in  the  peaceful  and  unostenta 
tious  discharge  of  the  duties  of  religion  and  benevolence, 
affords  but  few  incidents  for  the  biographer.  It  was  during 
this  period  that  most  of  the  great  religious  associations  in 
our  country,  formed  upon  the  principle  of  co-operation, 
without  compromise,  arose  into  being ;  and  they  found  in 
Mr.  Jay  a  warm  friend  and  a  liberal  patron.  In  1815  he 
accepted  the  place  of  president  of  the  Westchester  County 

VOL.  I. M  M  M 


450  LIFE    OF    JOHN    JAY. 

Bible  Society,  and  in  the  ensuing  year,  on  the  organization 
of  the  American  Bible  Society,  was  appointed  one  of  its 
vice-presidents.  He  likewise  became  a  member  of  the 
Tract  and  Sunday-school  societies,  and  of  that  for  Educating 
Pious  Youth  for  the  Ministry. 

In  1813  Mr.  Jay  was  summoned  to  the  dying  bed  of  his 
brother  Peter,  to  whom  he  had  through  life  been  tenderly 
attached.  This  interesting  man,  having  been  deprived  of 
sight  in  his  childhood,  had  passed  his  life  on  the  paternal 
estate  at  Rye  as  a  farmer.  By  the  attentions  of  his  parents, 
and  the  practice  adopted  in  his  father's  family  of  reading 
aloud  every  evening,  his  memory  became  stored  with  much 
and  varied  information ;  and  he  was  enabled  to  bear  his  part 
in  general  conversation  with  ease  and  propriety.  He  cul 
tivated  his  large  farm  with  a  degree  of  skill  and  judgment 
exceeded  by  few,  if  any,  of  his  neighbours.  The  anecdotes 
related  of  his  ingenuity  and  independence  are  almost  in 
credible.  He  could  traverse  his  whole  farm  without  a 
guide,  was  an  excellent  judge  of  horses  and  cattle,  and  rode 
much  on  horseback  ;  he  was  dexterous  in  the  use  of  tools, 
and  amused  himself  in  making  various  utensils.  When 
young,  he  was  fond  of  swimming  and  fishing,  and  would 
often  climb  the  tallest  trees  in  search  of  nuts. 

He  bore  through  life  an  unblemished  character,  and 
exhibited  in  his  death  a  degree  of  Christian  composure  and 
confidence  rarely  enjoyed.  In  a  letter  written  by  his 
brother  a  few  days  after  his  funeral,  he  observed : 

"  When  I  arrived  at  Rye,  I  found  that  the  doctors  had 
little,  or  rather  no  expectation  of  your  uncle's  recovery. 
After  executing,  the  day  before,  certain  codicils  to  his  will, 
he  said,  *  Now  I  am  ready.'  On  asking  him  the  day  after 
my  arrival  how  he  did,  he  answered, '  I  am  going  fast — 
through  the  mercies  of  my  Saviour,  I  shall  receive  ever 
lasting  life  and  happiness  in  less  than  two  days.'  With  this 
declaration,  the  whole  of  his  conduct  and  conversation 
corresponded  exactly." 


LIFE    OF   JOHN   JAY.  451 

In  1818,  Mr.  Jay  experienced  a  heavy  domestic  affliction. 
One  of  his  daughters,  while  on  a  visit  in  the  city  of  New- 
York,  was  seized  with  a  severe  illness,  which  shortly  ter 
minated  her  life. 

"TO    THE    REV.    SAMUEL    F.    JARVIS. 

"  Bedford,  4th  May,  1818. 

"REV.  SIR, 

41  Accept  my  thanks  for  your  obliging  letter  of  the  28th 
ult.  The  motives  which  prompted,  and  the  sentiments 
which  are  expressed  in  it,  make  correspondent  impressions 
on  my  mind. 

"  The  removal  of  my  excellent  daughter  from  the  house 
of  her  earthly,  to  the  house  of  her  Heavenly  Father,  leaves 
me  nothing  to  regret  or  lament  on  her  account.  Her  ab 
sence  is,  nevertheless,  a  privation  which  I  feel  very  sensi 
bly,  both  on  my  own  account  and  that  of  her  affectionate 
brothers  and  sisters.  I  hope  we  sha.ll  be  favoured  with 
grace  to  derive  consolation  from  the  reflection  that  her 
departure  was  ordered  by  infinite  wisdom  and  goodness, 
and  that  this  temporary  separation  will  terminate  in  a  per 
petual  reunion. 

"  With  the  best  wishes  for  your  happiness  here  and  here 
after, 

"  I  am,  reverend  sir, 
"  Your  obliged  and  obedient  servant, 

"JoHN  JAY." 

It  was  about  this  time  that  Mr.  Jay  received  a  visit  from 
an  old  and  estimable  friend  of  the  Quaker  persuasion.  The 
impression  made  on  the  mind  of  this  gentleman  by  the 
character  of  his  host,  may  be  gathered  from  the  annexed 
passage  of  an  affectionate  letter  he  addressed  to  him  on  his 
return  home.  After  speaking  of  the  family  at  Bedford,  he 
added : 

"  With  respect  to  thyself,  I  had  to  behold  and  contemplate 


452  LIFE    OP   JOHN   JAY. 

a  character  which  appeared  to  me  so  far  redeemed  from 
the  world,  and  the  defilements  of  flesh  and  spirit,  as  in  a 
good  degree  to  resemble  the  piety  of  good  old  Simeon,  who 
is  described  by  St.  Luke  in  the  following  emphatic  language : 
*  And  behold  there  was  a  man  in  Jerusalem  whose  name 
was  Simeon,  and  the  same  was  just  and  devout,  waiting 
for  the  consolation  of  Israel,  and  the  Holy  Ghost  was 
upon  him.' 

w  I  thought  while  sitting  by  thee,  and  about  to  take  my 
leave,  I  could  with  propriety  give  thee  the  right  hand  of 
fellowship,  as  one  whose  attainments  in  the  vitality  of  reli 
gion  entitled  thee  to  pre-eminence.'* 

In  1819  the  country  was  agitated  by  what  was  called 
"the  Missouri  question,"  a  discussion  pending  in  Congress 
respecting  the  toleration  of  slavery  in  Missouri,  a  territory 
about  to  be  received  into  the  Union.  The  following  letter 
on  this  subject  was  extensively  circulated  at  the  time  in  the 
public  journals. 

*'  TO    ELIAS    BOUDINOT. 

"  Bedford,  Westchester  County,  N.  Y.,  > 
17th  November,  1819.  $ 

"DEAR  SIR, 

"  I  have  received  the  copy  of  a  circular  letter  which,  as 
chairman  of  the  committee  appointed  by  the  late  public 
meeting  at  Trenton  respecting  slavery,  you  was  pleased  to 
direct  to  me  on  the  5th  instant. 

"  Little  can  be  added  to  what  has  been  said  and  written 
on  the  subject  of  slavery.  I  concur  in  the  opinion  that  it 
ought  not  to  be  introduced  nor  permitted  in  any  of  the  new 
States  ;  and  that  it  ought  to  be  gradually  diminished  and 
finally  abolished  in  all  of  them. 

"  To  me  the  constitutional  authority  of  the  Congress  to 
prohibit  the  migration  and  importation  of  slaves  into  any 
of  the  States,  does  not  appear  questionable.  The  first 
article  of  the  constitution  specifies  the  legislative  powers 


LIFE    OP   JOHN    JAY.  453 

committed  to  the  Congress.     The   ninth   section  of  that 
article  has  these  words : — 

"  *  The  migration  or  importation  of  such  persons  as  any 
of  the  now  existing  States  shall  think  proper  to  admit,  shall 
not  be  prohibited  by  the  Congress  prior  to  the  year  1808. 
But  a  tax  or  duty  may  be  imposed  on  such  importations,  not 
exceeding  ten  dollars  for  each  person.' 

"  I  understand  the  sense  and  meaning  of  this  clause  to 
be,  that  the  power  of  the  Congress,  although  competent  to 
prohibit  such  migration  and  importation,  was  not  to  be  exer 
cised  with  respect  to  the  then  existing  States  (and  them 
only)  until  the  year  1808 ;  but  that  the  Congress  were  at 
liberty  to  make  such  prohibition  as  to  any  new  State, 
which  might,  in  the  mean  time,  be  established :  and  further, 
that  from  and  after  that  period,  they  were  authorized  to 
make  such  prohibition,  as  to  all  the  States,  whether  new 
or  old. 

"  It  will,  I  presume,  be  admitted,  that  slaves  were  the 
persons  intended.  The  word  slaves  was  avoided,  probably 
on  account  of  the  existing  toleration  of  slavery,  and  of  its 
discordancy  with  the  principles  of  the  revolution;  and 
from  a  consciousness  of  its  being  repugnant  to  the  following 
positions  in  the  Declaration  of  Independence,  viz.  : — 

"  *  We  hold  these  truths  to  be  self-evident : — that  all  men 
are  created  equal :  that  they  are  endowed  by  their  Creator 
with  certain  unalienable  rights :  that  among  them  are  life, 
liberty,  and  the  pursuit  of  happiness/ 

"  As  to  my  taking  an  active  part  in  '  organizing  a  plan 
of  co-operation,'  the  state  of  my  health  has  long  been  such 
as  not  to  admit  of  it. 

"  Be  pleased  to  assure  the  committee  of  my  best  wishes 
for  their  success,  and  permit  me  to  assure  you  of  the  esteem 
and  regard  with  which  I  am, 

"  Dear  sir, 
"  Your  faithful  and  obedient  servant, 

"JoHN  JAY." 


454  LIFE    OF   JOHN   JAY. 

On  the  formation  of  the  American  Bible  Society,  the 
venerable  Elias  Boudinot  was  placed  at  its  head.  This 
excellent  man  died  in  1821,  and  Mr.  Jay  was  selected  by 
the  unanimous  choice  of  the  board  of  managers  to  fill  his 
place. 

"TO    THE    REV.    S.    S.    WOODHULL,    SECRETARY    OP   THE 
AMERICAN    BIBLE    SOCIETY. 

"  Bedford,  7th  December,  1821. 

"  REV.  SIR, 

"  I  received  by  the  last  mail  your  obliging  letter  of  the 
17th  instant,  informing  me  that  the  board  of  managers  had 
unanimously  elected  me  to  succeed  the  late  worthy  presi 
dent  of  the  American  Bible  Society.  Those  gentlemen 
have  thereby  done  me  honour,  and  I  thank  them  for  it. 

"  The  circumstances  under  which  the  British  and  Foreign 
Bible  Society  arose  and  extended  its  benign  influence  to 
distant  countries,  and  the  subsequent  spontaneous  formation 
of  numerous  similar  societies  in  other  nations,  are  events  so 
singular  and  so  little  to  have  been  expected,  as  to  afford 
reason  to  ascribe  them  to  a  more  efficient  cause  than  any 
of  those  from  which  mere  human  institutions  usually 
result. 

"They  who  regard  these  societies  as  deriving  their 
-origin  and  success  from  the  Author  and  Giver  of  the  gos 
pel,  cannot  forbear  concluding  it  to  be  the  duty  of  Christians 
to  promote  the  purposes  for  which  they  have  been  estab 
lished  ;  and  that  it  is  particularly  incumbent  on  their  officers 
to  be  diligent  in  the  business  committed  to  them. 

"  It  has  long  and  uniformly  been  my  opinion,  that  no 
person  should  accept  of  an  office  or  place  unless  he  be  both 
able  and  willing  to  do  the  duties  of  it.  This  principle  op 
poses  my  acceptance  of  the  one  in  question.  My  health  has 
been  declining  for  twelve  years  past ;  my  excursions  from 
home  have  long  been  limited  to  short  distances  ;  such  are  my 
maladies  that  they  often  confine  me  to  the  house,  and  at 


LIFE    OF   JOHN   JAY.  455 

times  to  my  chamber:  combined  with  the  necessary  in 
firmities  of  age,  they  allow  me  no  prospect  of  convales 
cence. 

"  As  president  of  the  society,  I  should  think  I  ought  to  be 
conversant  with  their  proceedings,  and  not  only  attend  their 
annual  meetings,  but  also,  at  least  occasionally,  partake  in 
the  consultations  and  assist  in  the  transactions  of  the  board 
of  managers. 

"  Were  I  in  capacity  to  do  the  duties  of  the  office,  I 
should  accept  it  without  hesitation.  I  say  without  hesita 
tion,  because  I  should  then  as  much  doubt  my  having  a  right 
to  decline,  as  I  now  doubt  my  having  a  right  to  accept  it. 

"  From  the  preceding  particulars  relative  to  the  state  of 
my  health,  the  gentlemen  of  the  board  will  perceive  that 
my  inability  to  serve  them  is  greater  in  degree  than  they 
doubtless  apprehended.  Be  pleased,  sir,  to  assure  them  of 
my  gratitude  for  the  distinction  with  which  they  have 
honoured  me,  and  that  opportunities  of  manifesting  it  would 
give  me  pleasure. 

"  I  am,  reverend  sir, 

"  Your  obedient  servant, 

"JoHN  JAY," 

The  board  immediately  deputed  two  of  their  vice-presi 
dents  to  proceed  to  Bedford,  and  to  represent  to  Mr.  Jay 
that  no  other  official  services  were  expected  from  him,  in 
his  present  state  of  health,  than  an  annual  address  ;  and  that 
his  acceptance  of  the  office  was  regarded  as  important  to 
the  reputation,  and  consequently,  to  the  usefulness  of  the 
society.  These  representations,  and  the  urgent  solicitations 
of  the  friends  of  the  society,  succeeded  in  drawing  from  him 
a  reluctant  consent.  As  president  of  this  great  institution, 
he  discharged  for  several  years,  as  far  as  he  was  able,  the 
duties  of  his  station,  by  a  prompt  attention  to  official  cor 
respondence,  and  by  his  addresses  to  the  society  at  their 
anniversary  meetings.  In  1828,  his  increasing  infirmities 


456  LIFE    OF    JOHN   JAY. 

rendered  it  improper  for  him  any  longer  to  retain  the  situa 
tion,  and  he  therefore  resigned  it,  accompanying  his  resig 
nation  with  a  liberal  donation  to  the  society. 

The  4th  of  July,  1826,  was  observed  throughout  the 
United  States  with  more  than  ordinary  pomp  and  festivity, 
as  completing  half  a  century  since  the  declaration  of  inde 
pendence.  This  occasion  gave  rise  to  the  following  cor 
respondence : 

FROM    A    COMMITTEE     OF     THE     CORPORATION    OF     THE     CITY 
OF    NEW-YORK    TO    JOHN    JAY. 

«  New-York,  June  22d,  1826. 

"  SIR, 

"  The  corporation  of  this  city  have  resolved  to  celebrate, 
with  public  demonstrations  of  respect  and  joy,  the  ensuing 
anniversary  of  American  Independence. 

"  The  period  of  time  which  has  elapsed  since  the  decla 
ration  of  independence,  gives  to  the  coming  anniversary  a 
peculiar  solemnity  and  interest.  To  you,  sir,  this  anniver 
sary  must  return  with  feelings  grateful  to  a  patriot  heart. 
Engaged  in  the  first  scenes  of  the  revolution,  when  the  dis 
proportion  between  the  power  of  the  mother  country  and 
the  means  of  the  then  colonies  might  have  appalled  even 
bold  and  daring  minds — yet  conscious  of  your  country's 
rights,  and  sensible  of  their  importance  to  its  happiness  and 
welfare,  you  and  your  compatriots  fearlessly  periled  your 
fortunes  and  your  honours  in  the  contest.  By  your  firm 
ness  and  the  wisdom  of  your  counsels,  you  eminently  con 
tributed  to  the  glorious  and  happy  issue  which  has  placed 
our  country  in  a  rank  with  the  most  favoured  nation  of  the 
earth. 

"  Amid  the  festivities  of  the  anniversary,  while  we  remem 
ber  your  worth,  your  virtue,  and  your  patriotism,  it  will 
add  to  our  pleasures  to  reflect  that  you  have  been  permitted 
by  Providence  to  witness  the  fiftieth  return  of  a  day  so 
conspicuous  in  the  annals  of  freedom,  and  also  to  find  your 


LIFE   OP   JOHN   JA.Y.  457 

beloved  country  happy  as  a  people,  and  prosperous  as  a 
nation. 

"  While  we  present  to  you  in  behalf  of  our  citizens  their 
congratulations  on  the  return  of  this  anniversary,  we  beg 
leave  to  assure  you  that  your  presence  at  the  intended 
celebration  would  afford  us  the  highest  gratification.  And 
to  this  we  respectfully  invite  you. 

"  In  behalf  of  the  corporation  of  the  city  of  New-  York, 
we  are  with  great  consideration, 

"  Your  obedient  servants." 


"  TO  THE  COMMITTEE  OF    THE   CORPORATION  OF  THE  CITY  OF 
NEW-YORK. 

"  Bedford,  June  29th,  1826. 
"  GENTLEMEN, 

"  I  have  received  your  letter  of  the  22d  inst.,  informing 
me  that  the  corporation  of  the  city  of  New-  York  had 
resolved  to  celebrate,  with  public  demonstrations  of  respect 
and  joy,  the  ensuing  anniversary  of  American  Independence, 
and  inviting  me,  on  behalf  of  the  corporation,  to  unite  with 
them  in  their  congratulations  on  the  return  of  this  day. 

"I  feel  very  grateful  for  the  honour  done  me  by  this 
invitation,  and  request  the  favour  of  you  to  assure  the 
corporation  of  my  gratitude  for  it,  and  my  regret  that  the 
state  of  my  health  renders  me  unable  to  comply  with  their 
kind  wishes. 

"  I  cannot  forbear  to  embrace  the  opportunity  afforded 
by  the  present  occasion,  to  express  my  earnest  hope  that 
the  peace,  happiness,  and  prosperity  enjoyed  by  our  beloved 
country,  may  induce  those  who  direct  her  national  councils 
to  recommend  a  general  and  public  return  of  praise  and 
thanksgiving  to  HIM  from  whose  goodness  these  blessings 
descend. 

"  The  most  effectual  means  of  securing  the  continuance 
of  our  civil  and  religious  liberties  is,  always  to  remember 

VOL.  I.  -  N  N  N 


458  LIFTC    OF    JOHN    JAY- 

with  reverence  and  gratitude  the  source  from  which  they 
flow. 

"  I  beg  you  to  accept  my  thanks  for  the  obliging  manner 
in  which  you  have  been  pleased  to  allude  to  my  public  life. 
"  I  have  the  honour,  gentlemen,  to  be 
"  With  great  respect, 

"  Your  obedient  servant, 

"JOHN  JAY." 

The  above  was  one  of  the  last  letters  written  by  Mr.  Jay, 
and  forms  an  appropriate  conclusion  of  his  public  corre 
spondence. 

In  1827  he  was  seized  with  a  severe  and  dangerous  ill 
ness,  and  at  a  certain  stage  of  his  disorder,  his  physicians 
pronounced  his  recovery  hopeless.  The  author  believing 
it  proper  that  the  patient  should  be  apprized  of  his  danger, 
assumed  the  painful  duty  of  communicating  it  to  him. 
The  information  was  received  without  the  slightest  percep 
tible  emotion.  Always  reserved  in  the  expression  of  his 
religious  feelings,  he  made  no  remarks  on  his  situation ;  but 
throughout  the  day  his  spirits  appeared  to  be  unusually 
raised,  and  he  conversed  with  cheerfulness  and  animation 
on  ordinary  topics.  He  was  urged  by  one  of  the  family  to 
tell  his  children  on  what  foundation  he  now  rested  his  hopes, 
and  from  what  source  he  drew  his  consolations.  "  They 
have  the  BOOK,"  was  his  concise,  but  expressive  reply. 

The  strength  of  his  constitution,  aided  perhaps  by  the 
serenity  of  his  mind,  triumphed  over  his  disease ;  and  he 
was  spared  to  his  family  and  friends  for  about  two  years 
longer.  This  period,  however,  was  one  of  great  debility, 
and  frequently  of  suffering.  For  many  months  before  his 
death,  he  was  unable  to  walk  without  assistance.  During 
the  day,  he  passed  much  of  his  time  in  his  own  room  ;  the 
evenings  were  spent  with  his  children  and  guests,  partly  in 
conversation,  and  partly  in  listening  to  books  which  were 
read  aloud  by  one  of  the  family.  Unable  to  attend  church, 


LIFE    OF   JOHN   JAY.  459 

he  occasionally  had  the  Lord's  Supper  administered  to  him 
in  his  chamber;  and  in  this  solemn  service  he  had  the 
satisfaction  of  being  joined  by  all  his  children  who  happened 
to  be  with  him. 

On  the  evening  of  the  14th  May,  1829,  he  retired  to  bed 
as  well  as  usual,  but  in  the  course  of  the  night  was  seized 
with  palsy.  The  disease  affected  his  articulation,  and 
almost  entirely  deprived  him  of  the  power  of  conversing. 
It  was  evident,  however,  from  the  few  sentences  he  suc 
ceeded  in  uttering,  that  his  mind  was  unimpaired  by  the 
shock.  Medical  skill  proved  unavailing,  and  he  lingered 
till  noon  of  Sunday,  the  17th,  when  he  expired  in  the 
eighty-fourth  year  of  his  age. 

His  funeral,  in  obedience  to  the  directions  in  his  will,  was 
without  ostentation.  The  corpse  was  taken  to  the  parish 
church,  where  an  appropriate  sermon  was  delivered  by  the 
pastor,  in  the  presence  of  a  large  audience,  consisting  of 
gentlemen  from  various  parts  of  the  county,  who  attended 
to  pay  this  mark  of  respect  to  the  deceased.  On  the  con- 
elusion  of  the  funeral  services,  the  corpse  was  conveyed  to 
Rye,  and  interred  in  the  family  cemetery. 

Mr.  Jay  had  survived  nearly  all  who  had  ever  been  person 
ally  opposed  to  him  in  politics.  His  character  had  triumphed 
over  the  calumnies  by  which  it  had  been  assailed  ;  his  long 
retirement  had  exempted  him  from  all  participation  in  the 
conflicts  and  animosities  of  modern  parties  ;  and  when  he 
left  the  world,  he  probably  left  no  one  in  it  who  harboured 
an  unkind  feeling  towards  him.  Hence,  the  intelligence  of 
his  death  called  forth  from  men  of  all  parties  willing  attes 
tations  of  his  worth.  The  public  journals,  however  dis 
cordant  on  other  topics,  united  in  doing  justice  to  his 
memory.  The  judges  and  the  members  of  the  bar  of  the 
county  court,  put  on  mourning  for  thirty  days;  and  the 
Supreme  Court  of  the  State,  being  in  session  when  the 
news  of  his  death  was  received,  immediately  adjourned,  as 
a  mark  of  respect;  and  by  order  of  Congress,  a  bust  of  the 


460  LIFE    OF   JOHN    JAY. 

first  chief  justice  has  since  been  executed,  and  placed  in  the 
chamber  of  the  Supreme  Court  of  the  United  States. 

The  character  of  John  Jay  has  been  portrayed  in  the 
preceding  pages.  Simple  and  uniform,  it  is  perplexed  by  no 
eccentricities  or  contradictions.  His  public  and  his  private 
life,  his  professions  and  his  conduct,  form  one  harmonious 
whole.  Endowed  by  his  Creator  with  a  vigorous  mind,  a 
sound  judgment,  and  a  pious  heart,  he  pursued  right  objects ; 
selected  his  means  with  an  almost  intuitive  perception  of 
their  fitness;  and  used  them  with  a  prudence  that  rarely 
failed  to  ensure  success.  Formed  by  nature  with  that  irri 
tability  of  temper  which  is  so  often  at  once  the  attendant 
and  the  bane  of  genius,  he  acquired  a  degree  of  equanimity 
seldom  attained  by  any. 

Although  warm,  constant,  and  disinterested  in  his  friend 
ships,  he  indulged  no  feelings  of  hostility  towards  those  who 
attempted  to  injure  him  ;  and  no  act  of  his  life  is  known  that 
indicated  a  desire  for  revenge.  He  was,  however,  free 
from  that  weak  confidence  which  too  often  makes  well- 
disposed  men  the  dupes  of  artifice  and  malice.  Having 
once  had  good  cause  to  doubt  a  man's  sincerity  or  integrity, 
he  never  after  trusted  him.  "  Separate  yourself  from  your 
enemies,"  was  the  rule  by  which  he  regulated  his  conduct 
towards  those  who  wished  him  ill ;  and  in  the  whole  course 
of  his  life  he  never  deserted  a  friend,  or  courted  an  enemy. 

Experience  had  early  taught  him  to  place  no  reliance  on 
mere  professions  of  patriotism,  as  he  had  himself  been 
reproached  with  lukewarmness  in  the  cause  of  American 
independence,  by  men  who  in  the  hour  of  peril  deserted 
their  country,  and  sought  the  protection  of  its  enemies. 
Nor  had  he  any  confidence  to  bestow  upon  those  politicians 
who  affect  to  find  in  popular  opinion  the  only  standard  of 
right  and  wrong ;  and  he  was  accustomed  to  say,  that  from 
Absalom  down  there  had  never  been  an  honest  demagogue. 

A  sense  of  future  accountability  seems  to  have  been 
\  always  present  to  his  mind ;  and  he  esteemed  the  sentence 


LIFE    OP   JOHN   JAY.  461 

his  fellow-men  might  pass  upon  him,  when  compared  with 
the  realities  of  the  judgment-day,  as  the  dust  of  the  balance. 
Yet  no  man  was  more  republican  in  his  habits,  nor  more 
affable  and  condescending  to  others. 

Few  could  claim  a  more  entire  exemption  from  the  sins 
comprehended  in  "  the  lust  of  the  eyes  and  the  pride  of 
life."  Although  for  many  years  filling  stations  which  neces 
sarily  brought  him  into  constanFintercourse  with  the  rich 
and  fashionable,  his  dress,  furmture,  and  equipage  were 
always  as  plain  and  frugal  as  propriety  would  permit.  As 
a  republican,  he  thought  it  became  him  to  set  an  example  of 
plainness  and  simplicity  ;  as  a  Christian,  he  acknowledged 
the  obligation  to  be  "  temperate  in  all  things ;"  and  as  a 
parent,  he  shrunk  from  impoverishing  his  children  by  a  vain 
and  useless  display,  which,  to  use  his  own  words,  serves 
only  to  please  other  people's  eyes,  while  it  too  often  excites 
their  envy.  But  his  frugality  had  nothing  in  common  with 
parsimony.  "  A  wise  man,"  he  said,  "  has  money  in  his 
head,  but  not  in  his  heart."  He  purchased  nothing  because 
it  was  handsome  or  fashionable ;  but  no  expense  was 
spared  that  would  promote  the  real  comfort  of  himself  or 
family.  His  contributions  to  the  ever-varying  and  recur 
ring  calls  of  religion  and  benevolence  were  cheerful  and 
generous. 

Although  jealous  of  ecclesiastical  encroachments,  he  felt 
and  manifested  the  respect  due  to  the  clerical  character ; 
and  was  fond  of  proving  from  the  New  Testament,  that 
the  support  of  the  clergy,  instead  of  being  a  matter  of 
choice,  was  a  duty  as  obligatory  upon  Christians  as  the 
observance  of  any  command  in  the  decalogue.  He  re 
joiced  in  the  increase  and  prosperity  of  such  of  the  various 
religious  denominations  as,  in  his  opinion,  held  the  great 
and  essential  doctrines  of  Christianity,  and  invariably  com 
plied  with  the  numerous  applications  made  to  him,  to  con 
tribute  to  the  expense  of  erecting  their  churches.  All,  he 
said,  depended  on  churches  and  school-houses. 


i 


462  LIFE    OF    JOHN    JAY. 

Age  and  infirmities,  instead  of  blunting,  seemed  to 
quicken  his  sensibility  to  the  sufferings  of  others,  and 
various  were  his  modes  of  administering  to  their  relief.  It 
was  a  favourite  saying  with  him,  that  ostentation  and  rapa 
city  go  together  ;  his  own  conduct  was  a  beautiful  illustra 
tion  of  the  converse  of  the  maxim.  His  economy  seemed 
to  be  connected  with  an  entire  indifference  to  money,  when 
ever  duty  forbade  its  acquisition,  or  required  its  expendi 
ture.  Hence  he  rejected  the  many  opportunities  his  official 
influence  afforded  him  after  the  war,  of  amassing  a  fortune 
by  trafficking  in  confiscated  estates ;  and  while  governor, 
and  president  of  the  land  office,  he  never  purchased  an 
acre  of  the  public  lands.  He  was  liberal  in  all  his  con 
tracts,  acting  on  the  maxim  that  no  hard  bargain  is  a  good 
one.  To  his  poor  neighbours  he  often  made  loans  without 
interest,  and  when  payment  could  not  be  exacted  except 
by  distressing  them,  he  forgave  the  debt,  and  to  his  bounty 
were  they  frequently  indebted  for  food,  clothing,  and  medi 
cal  attendance. 

f  A  distinguishing  trait  in  Mr.  Jay's  character  was  mod 
esty  ;  not  an  affectation  of  inferiority  to  others,  or  a  distrust 
of  his  own  powers,  but  a  total  absence  of  all  endeavour  to 
attract  admiration.  He  assumed  no  importance,  claimed 
no  deference,  and  boasted  of  no  merit.  Extraordinary  as 
it  may  seem,  a  stranger  might  have  resided  with  him  for 
months  together,  without  discovering  from  his  conversation 
that  he  had  ever  been  employed  in  the  service  of  his  coun 
try.  Whenever  the  important  scenes  in  which  he  had  been 
engaged  were  alluded  to,  he  changed  the  conversation  as 
quickly  as  politeness  would  permit.  It  was  with  difficulty 
that  even  his  own  children  could  occasionally  induce  him 
to  converse  on  these  interesting  topics.  Yet  he  cheerfully 
took  his  part  in  general  conversation,  enlivening  it  with 
anecdotes,  and  a  wit  which  amused  without  wounding.  He 
was  fond  of  conversing  on  religious  subjects,  and  particu- 


LIFE    OP   JOHN   JAY.  463 

larly  on  biblical  criticism,  but  it  was  the  expression  of 
opinions,  not  of  feelings,  in  which  he  indulged. 

He  had  had  full  experience,  of  the  pleasures  and  the  pains 
of  public  life,  and  his  advice  to  his  sons  was,  never  to  accept 
an  office,  except  from  a  conviction  of  duty. 

His  patriotism,  prompted  and  guided  by  the  precepts  of 
Christianity,  ever  refused  to  make  the  smallest  sacrifice  of 
truth  or  justice  to  the  cause  of  his  country ;  while  for  the 
same  object,  it  was  always  ready  to  surrender  whatever 
else  was  most  dear  to  him.  Much  as  he  loved  his  country, 
he  spurned  the  principle  implied  in  the  sentiment — "  Our 
country,  right  or  wrong ;"  and  on  all  occasions,  public  as 
well  as  private,  inflexibly  adhered  to  the  maxim,  that 
honesty  is  the  best  policy. 

Mr.  Jay's  religion  was  fervent,  but  mild  and  unostenta 
tious.  Through  life  he  continued  a  member  of  the 
Episcopal  church,  and  approved  the  doctrines  and  policy 
maintained  by  that  portion  of  the  denomination  which  is  dis 
tinguished  as  the  LOW  CHURCH.  While  his  health  permit 
ted,  he  was  regular  in  his  attendance  on  public  worship, 
and  was  always  a  scrupulous,  but  not  superstitious  observer 
of  the  Sabbath.  On  the  whole,  his  life  exhibits  a  rare  but 
interesting  picture  of  the  Christian  patriot  and  statesman,  I 
and  justifies  the  universal  reverence  for  his  character  so 
eloquently  described  in  an  address  delivered  soon  after  his 
death.* 

"  A  halo  of  veneration  seemed  to  encircle  him  as  one 
belonging  to  another  world,  though  lingering  among  us. 
When  the  tidings  of  his  death  came  to  us,  they  were  re 
ceived  through  the  nation,  not  with  sorrow  or  mourning, 
but  with  solemn  awe,  like  that  with  which  we  read  the 
mysterious  passage  of  ancient  Scripture,  '  AND  ENOCH 

WALKED  WITH  GoD,  AND  HE  WAS  NOT,  FOR  GoD  TOOK  HIM.' " 

*  By  G.  C.  Verplanck,  Esq. 


APPENDIX. 


[No.  I.} 

ADDRESS  TO  THE  PEOPLE  OF  GREAT  BRITAIN. 

From  the  Delegates  appointed  by  the  several  English  Colonies 
of  New-Hampshire,  Massachusetts  Bay,  Rhode  Island 
and  Providence  Plantations,  Connecticut,  New-York, 
New-Jersey,  Pennsylvania,  the  Lower  Counties  on  the 
Delaware,  Maryland,  Virginia,  North  Carolina,  and 
South  Carolina,  to  consider  their  grievances  in  General 
Congress,  at  Philadelphia,  September  5th,  1774. 

FRIENDS  AND  FELLOW-SUBJECTS, 

When  a  nation,  led  to  greatness  by  the  hand  of  liberty, 
and  possessed  of  all  the  glory  that  heroism,  munificence, 
and  humanity  can  bestow,  descends  to  the  ungrateful  task 
of  forging  chains  for  her  friends  and  children;  and  instead 
of  giving  support  to  freedom,  turns  advocate  for  slavery 
and  oppression,  there  is  reason  to  suspect  she  has  either 
ceased  to  be  virtuous,  or  been  extremely  negligent  in  the 
appointment  of  her  rulers. 

In  almost  every  age,  in  repeated  conflicts,  in  long  and 
bloody  wars,  as  well  civil  as  foreign,  against  many  and 
powerful  nations,  against  the  open  assaults  of  enemies  and 

VOL.  i. — o  o  o 


466  LIFE    OF    JOHN    JAY. 

the  more  dangerous  treachery  of  friends,  have  the  inhabit 
ants  of  your  island,  your  great  and  glorious  ancestors, 
maintained  their  independence,  and  transmitted  the  rights 
of  men  and  the  blessings  of  liberty  to  you,  their  posterity. 
Be  not  surprised,  therefore,  that  we,  who  are  descended 
from  the  same  common  ancestors ;  that  we,  whose  fore 
fathers  participated  in  all  the  rights,  the  liberties,  and  the 
constitution  you  so  justly  boast  of,  and  who  have  carefully 
conveyed  the  same  fair  inheritance  to  us,  guarantied  by  the 
plighted  faith  of  government,  and  the  most  solemn  com 
pacts  with  British  sovereigns,  should  refuse  to  surrender 
them  to  men  who  found  their  claims  on  no  principles  of 
reason,  and  who  prosecute  them  with  a  design  that,  by  hav 
ing  our  lives  and  property  in  their  power,  they  may  with 
the  greater  facility  enslave  you. 

The  cause  of  AMERICA  is  now  the  object  of  universal 
attention  :  it  has  at  length  become  very  serious.  This  un 
happy  country  has  not  only  been  oppressed,  but  abused  and 
misrepresented ;  and  the  duty  we  owe  to  ourselves  and 
posterity,  to  your  interest,  and  the  general  welfare  of  the 
British  empire,  leads  us  to  address  you  on  this  very  import 
ant  subject. 

KNOW  THEN,  That  we  consider  ourselves,  and  do  insist 
that  we  are  and  ought  to  be,  as  free  as  our  fellow-subjects 
in  Britain,  and  that  no  power  on  earth  has  a  right  to  take 
our  property  from  us  without  our  consent. 

That  we  claim  all  the  benefits  secured  to  the  subject  by 
the  English  constitution,  and  particularly  that  inestimable 
one  of  trial  by  jury. 

That  we  hold  it  essential  to  English  liberty,  that  no  man 
be  condemned  unheard,  or  punished  for  supposed  offences 
without  having  an  opportunity  of  making  his  defence. 

That  we  think  the  Legislature  of  Great  Britain  is  not 
authorized  by  the  constitution  to  establish  a  religion  fraught 
with  sanguinary  and  impious  tenets,  or  to  erect  an  arbitrary 
form  of  government  in  any  quarter  of  the  globe.  These 


APPENDIX.  467 

rights  we,  as  well  as  you,  deem  sacred.  And  yet,  sacred 
as  they  are,  they  have,  with  many  others,  been  repeatedly 
and  flagrantly  violated. 

Are  not  the  proprietors  of  the  soil  of  Great  Britain  lords 
of  their  own  property  ?  Can  it  be  taken  from  them  with 
out  their  consent  1  Will  they  yield  it  to  the  arbitrary  dis 
posal  of  any  man,  or  number  of  men  whatever  ?  You 
know  they  will  not. 

Why  then  are  the  proprietors  of  the  soil  of  America  less 
lords  of  their  property  than  you  are  of  yours  ?  or  why 
should  they  submit  it  to  the  disposal  of  your  parliament,  or 
any  other  parliament  or  council  in  the  world,  not  of  their 
election  ?  Can  the  intervention  of  the  sea  that  divides  us 
cause  disparity  in  rights  ?  or  can  any  reason  be  given  why 
English  subjects,  who  live  three  thousand  miles  from  the 
royal  palace,  should  enjoy  less  liberty  than  those  who  are 
three  hundred  miles  distant  from  it  ? 

Reason  looks  with  indignation  on  such  distinctions,  and 
freemen  can  never  perceive  their  propriety.  And  yet, 
however  chimerical  and  unjust  such  discriminations  are,  the 
parliament  assert,  that  they  have  a  right  to  bind  us  in  all 
cases  without  exception,  whether  we  consent  or  not ;  that 
they  may  take  and  use  our  property  when  and  in  what 
manner  they  please;  that  we  are  pensioners  on  their 
bounty  for  all  that  we  possess;  and  can  hold  it  no  longer 
than  they  vouchsafe  to  permit.  Such  declarations  we  con 
sider  as  heresies  in  English  politics,  and  which  can  no  more 
operate  to  deprive  us  of  our  property,  than  the  interdicts  of 
the  pope  can  divest  kings  of  sceptres,  which  the  laws  of 
the  land,  and  the  voice  of  the  people  have  placed  in  their 
hands- 

At  the  conclusion  of  the  late  war — a  war  rendered 
glorious  by  the  abilities  and  integrity  of  a  minister,  to 
whose  efforts  the  British  empire  owes  its  safety  and  its 
fame :  at  the  conclusion  of  this  war,  which  was  succeeded 
by  an  inglorious  peace,  formed  under  the  auspices  of  a 


468  LIFE    OF   JOHN    JAY. 

minister,  of  principles,  and  of  a  family  unfriendly  to  the 
Protestant  cause,  and  inimical  to  liberty ;  -we  say,  at  this 
period,  and  under  the  influence  of  that  man,  a  plan  for 
enslaving  your  fellow-subjects  in  America  was  concerted, 
and  has  ever  since  been  pertinaciously  carrying  into  ex 
ecution. 

Prior  to  this  era,  you  were  content  with  drawing  from  us 
the  wealth  produced  by  our  commerce.  You  restrained 
our  trade  in  every  way  that  could  conduce  to  your  emolu 
ment.  You  exercised  unbounded  sovereignty  over  the  sea. 
You  named  the  ports  and  nations  to  which  alone  our  mer 
chandise  should  be  carried,  and  with  whom  alone  we 
should  trade ;  and  though  some  of  these  restrictions  were 
grievous,  we  nevertheless  did  not  complain :  we  looked  up 
to  you  as  to  our  parent  state,  to  which  we  were  bound  by 
the  strongest  ties ;  and  were  happy  in  being  instrumental 
to  your  prosperity  and  grandeur. 

We  call  upon  you  yourselves  to  witness  our  loyalty  and 
attachment  to  the  common  interest  of  the  whole  empire : 
Did  we  not,  in  the  last  war,  add  all  the  strength  of  this  vast 
continent  to  the  force  which  repelled  our  common  enemy  ? 
Did  we  not  leave  our  native  shores,  and  meet  disease  and 
death,  to  promote  the  success  of  British  arms  in  foreign 
climates?  Did  you  not  thank  us  for  our  zeal,  and  even 
reimburse  us  large  sums  of  money,  which,  you  confessed, 
we  had  advanced  beyond  our  proportion,  and  far  beyond 
our  abilities  ?  You  did. 

To  what  causes,  then,  are  we  to  attribute  the  sudden 
changes  of  treatment,  and  that  system  of  slavery  which 
was  prepared  for  us  at  the  restoration  of  peace  ? 

Before  we  had  recovered  from  the  distresses  which  ever 
attend  war,  an  attempt  was  made  to  drain  this  country  of 
all  its  money,  by  the  oppressive  stamp  act.  Paint,  glass, 
and  other  commodities  which  you  would  not  permit  us  to 
purchase  of  other  nations,  were  taxed ;  nay,  although  no 
wine  is  made  in  any  country  subject  to  the  British  state, 


APPENDIX.  469 

you  prohibited  our  procuring  it  of  foreigners  without  pay 
ing  a  tax,  imposed  by  your  parliament,  on  all  we  imported. 
These  and  many  other  impositions  were  laid  upon  us  most 
unjustly  and  unconstitutionally,  for  the  express  purpose  of 
raising  a  revenue.  In  order  to  silence  complaint,  it  was 
indeed  provided,  that  this  revenue  should  be  expended  in 
America  for  its  protection  and  defence.  These  exactions, 
however,  can  receive  no  justification  from  a  pretended 
necessity  of  protecting  and  defending  us.  They  are  lavishly 
squandered  on  court  favourites  and  ministerial  dependants, 
generally  avowed  enemies  to  America,  and  employing 
themselves  by  partial  representations  to  traduce  and  em 
broil  the  colonies.  For  the  necessary  support  of  govern 
ment  here,  we  ever  were  and  ever  shall  be  ready  to  pro 
vide.  And  whenever  the  exigences  of  the  state  may 
require  it,  we  shall,  as  we  have  heretofore  done,  cheerfully 
contribute  our  full  proportion  of  men  and  money.  To 
enforce  this  unconstitutional  and  unjust  scheme  of  taxation, 
every  fence  that  the  wisdom  of  our  British  ancestors  had 
carefully  erected  against  arbitrary  power  has  been  violently 
thrown  down  in  America,  and  the  inestimable  right  of  trial 
by  jury  taken  away  in  cases  that  touch  life  and  property. 
It  was  ordained,  that  whenever  offences  should  be  com 
mitted  in  the  colonies  against  particular  acts  imposing 
various  duties  and  restrictions  upon  trade,  the  prosecutor 
might  bring  his  action  for  the  penalties  in  the  courts  of 
Admiralty :  by  which  means  the  subject  lost  the  advantage 
of  being  tried  by  an  honest  uninfluenced  jury  of  the 
vicinage,  and  was  subjected  to  the  sad  necessity  of  being 
judged  by  a  single  man,  a  creature  of  the  crown,  and 
according  to  the  course  of  a  law  which  exempts  the  prose 
cutor  from  the  trouble  of  proving  his  accusation,  and 
obliges  the  defendant  either  to  evince  his  innocence,  or  to 
suffer.  To  give  this  new  judicatory  the  greater  import 
ance,  and  as  if  with  design  to  protect  false  accusers,  it  is 
further  provided,  that  the  judge's  certificate  of  there  having 


470  LIFE    OP    JOHN    JAY. 

been  probable  causes  of  seizure  and  prosecution,  shall  pro 
tect  the  prosecutor  from  actions  at  common  law  for  re 
covery  of  damages. 

By  the  course  of  our  law,  offences  committed  in  such  of 
the  British  dominions  in  which  courts  are  established,  and 
justice  duly  and  regularly  administered,  shall  be  there  tried 
by  a  jury  of  the  vicinage.  There,  the  offenders  and  wit 
nesses  are  known,  and  the  degree  of  credibility  to  be  given 
to  their  testimony  can  be  ascertained. 

In  all  these  colonies,  justice  is  regularly  and  impartially 
administered ;  and  yet  by  the  construction  of  some,  and  the 
direction  of  other  acts  of  parliament,  offenders  are  to  be 
taken  by  force,  together  with  all  such  persons  as  may  be 
pointed  out  as  witnesses,  and  carried  to  England,  there  to 
be  tried  in  a  distant  land,  by  a  jury  of  strangers,  and  sub 
ject  to  all  the  disadvantages  that  result  from  want  of 
friends,  want  of  witnesses,  and  want  of  money. 

When  the  design  of  raising  a  revenue  from  the  duties 
imposed  on  the  importation  of  tea  into  America,  had  in  a 
great  measure  been  rendered  abortive  by  our  ceasing  to 
import  that  commodity,  a  scheme  was  concerted  by  the 
ministry  with  the  East  India  Company,  and  an  act  passed 
enabling  and  encouraging  them  to  transport  and  vend  it  in 
the  colonies.  Aware  of  the  danger  of  giving  success  to 
this  insidious  manoeuvre,  and  of  permitting  a  precedent  of 
taxation  thus  to  be  established  among  us,  various  methods 
were  adopted  to  elude  the  stroke.  The  people  of  Boston, 
then  ruled  by  a  governor,  whom,  as  well  as  his  predecessor 
Sir  Francis  Bernard,  all  America  considers  as  her  enemy, 
were  exceedingly  embarrassed.  The  ships  which  had 
arrived  with  the  tea  were  by  his  management  prevented 
from  returning.  The  duties  would  have  been  paid,  the 
cargoes  landed  and  exposed  to  sale  ;  a  governor's  influence 
would  have  procured  and  protected  many  purchasers. 
While  the  town  was  suspended  by  deliberations  on  this 
important  subject,  the  tea  was  destroyed.  Even  supposing 


APPENDIX.  471 

a  trespass  was  thereby  committed,  and  the  proprietors  of 
the  tea  entitled  to  damages,  the  courts  of  law  were  open, 
and  judges  appointed  by  the  crown  presided  in  them.  The 
East  India  Company,  however,  did  not  think  proper  to 
commence  any  suits,  nor  did  they  even  demand  satisfac 
tion  either  from  individuals,  or  from  the  community  in 
general.  The  ministry,  it  seems,  officiously  made  the  case 
their  own,  and  the  great  council  of  the  nation  descended  to 
intermeddle  with  a  dispute  about  private  property.  Divers 
papers,  letters,  and  other  unauthenticated  ex  parte  evidence 
were  laid  before  them ;  neither  the  persons  who  destroyed 
the  tea,  nor  the  people  of  Boston,  were  called  upon  to 
answer  the  complaint.  The  ministry,  incensed  by  being 
disappointed  in  a  favourite  scheme,  were  determined  to 
recur  from  the  little  arts  of  finesse,  to  open  force  and  un 
manly  violence.  The  port  of  Boston  was  blocked  up  by  a 
fleet,  and  an  army  placed  in  the  town.  Their  trade  was 
to  be  suspended,  and  thousands  reduced  to  the  necessity  of 
gaining  subsistence  from  charity,  till  they  should  submit  to 
pass  under  the  yoke,  and  consent  to  become  slaves,  by  con 
fessing  the  omnipotence  of  parliament,  and  acquiescing  in 
whatever  disposition  they  might  think  proper  to  make  of 
their  lives  and  property. 

Let  justice  and  humanity  cease  to  be  the  boast  of  your 
nation !  Consult  your  history,  examine  your  records  of 
former  transactions,  nay,  turn  to  the  annals  of  the  many 
arbitrary  states  and  kingdoms  that  surround  you,  and  show 
us  a  single  instance  of  men  being  condemned  to  suffer  for 
imputed  crimes,  unheard,  unquestioned,  and  without  even 
the  specious  formality  of  a  trial ;  and  that  too  by  laws 
made  expressly  for  the  purpose,  and  which  had  no  existence 
at  the  time  of  the  fact  committed.  If  it  be  difficult  to 
reconcile  these  proceedings  to  the  genius  and  temper  of 
your  laws  and  constitution,  the  task  will  become  more , 
arduous,  when  we  call  upon  our  ministerial  enemies  to  jus 
tify,  not  only  condemning  men  untried  and  by  hearsay,  but 


472  LIFE    OF   JOHN   JAY. 

involving  the  innocent  in  one  common  punishment  with  the 
guilty,  and  for  the  act  of  thirty  or  forty,  to  bring  poverty  ? 
distress,  and  calamity  on  thirty  thousand  souls,  and  those 
not  your  enemies,  but  your  friends,  brethren,  and  fellow- 
subjects. 

It  would  be  some  consolation  to  us  if  the  catalogue  of 
American  oppressions  ended  here.  It  gives  us  pain  to  be 
reduced  to  the  necessity  of  reminding  you,  that  under  the 
confidence  reposed  in  the  faith  of  government,  pledged  in 
a  royal  charter  from  a  British  sovereign,  the  forefathers  of 
the  present  inhabitants  of  the  Massachusetts  Bay  left  their 
former  habitations,  and  established  that  great,  flourishing, 
and  loyal  colony.  Without  incurring,  or  being  charged 
with  a  forfeiture  of  their  rights,  without  being  heard,  with 
out  being  tried,  without  law,  and  without  justice,  by  an  act 
of  parliament  their  charter  is  destroyed,  their  liberties  vio 
lated,  their  constitution  and  form  of  government  changed : 
and  all  this  upon  no  better  pretence,  than  because  in  one  of 
their  towns  a  trespass  was  commuted  on  some  merchan 
dise,  said  to  belong  to  one  of  the  companies,  and  because 
the  ministry  were  of  opinion,  that  such  high  political  regu 
lations  were  necessary  to  compel  due  subordination  and 
obedience  to  their  mandates. 

Nor  are  these  the  only  capital  grievances  under  which 
we  labour.  We  might  tell  of  dissolute,  weak,  and  wicked 
governors  having  been  set  over  us  ;  of  legislatures  being 
suspended  for  asserting  the  rights  of  British  subjects ;  of 
needy  and  ignorant  dependants  on  great  men  advanced  to 
the  seats  of  justice,  and  to  other  places  of  trust  and  import 
ance  ;  of  hard  restrictions  on  commerce,  and  a  great  variety 
of  lesser  evils,  the  recollection  of  which  is  almost  lost 
under  the  weight  and  pressure  of  greater  and  more  poignant 
calamities. 

Now  mark  the  progression  of  the  ministerial  plan  for 
enslaving  us.  Well  aware  that  such  hardy  attempts  to 
take  our  property  from  us,  to  deprive  us  of  the  valuable 


APPENDIX.  473 

right  of  trial  by  jury,  to  seize  our  persons  and  carry  us  for 
trial  to  Great  Britain,  to  blockade  our  ports,  to  destroy  our 
charters,  and  change  our  forms  of  government,  would  occa 
sion,  and  had  already  occasioned,  great  discontent  in  the 
colonies,  which  might  produce  opposition  to  these  measures ; 
an  act  was  passed  to  protect,  indemnify,  and  screen  from 
punishment,  such  as  might  be  guilty  even  of  murder,  in 
endeavouring  to  carry  their  oppressive  edicts  into  execu 
tion  ;  and  by  another  act  the  dominion  of  Canada  is  to  be 
so  extended,  modelled,  and  governed,  as  that  by  being  dis 
united  from  us,  detached  from  our  interests  by  civil  as  well 
as  religious  prejudices,  that  by  their  numbers  daily  swelling 
with  Catholic  emigrants  from  Europe,  and  by  their  devotion 
to  an  administration  so  friendly  to  their  religion,  they  might 
become  formidable  to  us,  and  on  occasion,  be  fit  instruments 
in  the  hands  of  power  to  reduce  the  ancient,  free  Protestant 
colonies  to  the  same  state  of  slavery  with  themselves. 

This  was  evidently  the  object  of  the  act :  and  in  this 
view,  being  extremely  dangerous  to  our  liberty  and  quiet, 
we  cannot  forbear  complaining  of  it,  as  hostile  to  British 
America.  Superadded  to  these  considerations,  we  cannot 
help  deploring  the  unhappy  condition  to  which  it  has 
reduced  the  many  English  settlers  who,  encouraged  by  the 
royal  proclamation,  promising  the  enjoyment  of  all  their 
rights,  have  purchased  estates  in  that  country.  They  are 
now  the  subjects  of  an  arbitrary  government,  deprived  of 
trial  by  jury,  and  when  imprisoned,  cannot  claim  the  benefit 
of  the  habeas  corpus  act,  that  great  bulwark  and  palladium 
of  English  liberty.  Nor  can  we  suppress  our  astonishment 
that  a  British  parliament  should  ever  consent  to  establish 
in  that  country  a  religion  that  has  deluged  your  island  in 
blood,  and  dispersed  impiety,  bigotry,  persecution,  murder, 
and  rebellion,  through  every  part  of  the  world. 

This  being  a  state  of  facts,  let  us  beseech  you  to  con 
sider  to  what  end  they  lead.  Admit  that  the  ministry,  by 
the  powers  of  Britain,  and  the  aid  of  our  Roman  Catholic 

VOL.  I. P  P  P 


474  LIFE    OF   JOHN   JAY. 

neighbours,  should  be  able  to  carry  the  point  of  taxation, 
and  reduce  us  to  a  state  of  perfect  humiliation  and  slavery : 
such  an  enterprise  would  doubtless  make  some  addition  to 
your  national  debt,  which  already  presses  down  your  liber 
ties,  and  fills  you  with  pensioners  and  placemen.  We  pre 
sume,  also,  that  your  commerce  will  somewhat  be  dimin 
ished.  However,  suppose  you  should  prove  victorious,  in 
what  condition  will  you  then  be  ?  what  advantages  or  what 
laurels  will  you  reap  from  such  a  conquest  ?  May  not  a 
ministry,  with  the  same  armies  enslave  you  ?  it  may  be 
said,  you  will  cease  to  pay  them ;  but  remember,  the  taxes 
from  America,  the  wealth,  and  we  may  add  the  men,  and 
particularly  the  Roman  Catholics  of  this  vast  continent, 
will  then  be  in  the  power  of  your  enemies  :  nor  will  you 
have  any  reason  to  expect,  that  after  making  slaves  of  us, 
many  among  us  should  refuse  to  assist  in  reducing  you  to 
the  same  abject  state. 

Do  not  treat  this  as  chimerical.  Know  that  in  less  than 
half  a  century,  the  quit-rents  reserved  to  the  crown  from 
the  numberless  grants  of  this  vast  continent,  will  pour  large 
streams  of  wealth  into  the  royal  coffers.  And  if  to  this 
be  added  the  power  of  taxing  America  at  pleasure,  the 
crown  will  be  rendered  independent  of  you  for  supplies, 
and  will  possess  more  treasure  than  may  be  necessary  to 
purchase  the  remains  of  liberty  in  your  island.  In  a  word, 
take  care  that  you  do  not  fall  into  the  pit  that  is  preparing 
for  us. 

We  believe  there  is  yet  much  virtue,  much  justice,  and 
much  public  spirit  in  the  English  nation.  To  that  justice 
we  now  appeal.  You  have  been  told  that  we  are  seditious, 
impatient  of  government,  and  desirous  of  independence. 
Be  assured  that  these  are  not  facts,  but  calumnies.  Permit 
us  to  be  as  free  as  yourselves,  and  we  shall  ever  esteem  a 
union  with  you  to  be  our  greatest  glory,  and  our  greatest 
happiness ;  we  shall  ever  be  ready  to  contribute  all  in  our 
power  to  the  welfare  of  the  empire ;  we  shall  consider 


APPENDIX.  N  475 

your  enemies  as  our  enemies,  and  your  interest  as 
our  own. 

But  if  you  are  determined  that  your  ministers  shall  wan 
tonly  sport  with  the  rights  of  mankind :  if  neither  the 
voice  of  justice,  the  dictates  of  the  law,  the  principles  of 
the  constitution,  or  the  suggestions  of  humanity,  can  restrain 
your  hands  from  shedding  human  blood  in  such  an  impious 
cause,  we  must  then  tell  you,  that  we  will  never  submit  to 
be  hewers  of  wood  or  drawers  of  water  for  any  ministry 
or  nation  in  the  world. 

Place  us  in  the  same  situation  that  we  were  at  the  close 
of  the  last  war,  and  our  former  harmony  will  be  restored. 

But  lest  the  same  supineness,  and  the  same  inattention  to 
our  *  common  interest,  which  you  have  for  several  years 
shown,  should  continue,  we  think  it  prudent  to  anticipate 
the  consequences. 

By  the  destruction  of  the  trade  of  Boston,  the  ministry 
have  endeavoured  to  induce  submission  to  their  measures. 
The  like  fate  may  befall  us  all.  We  will  endeavour,  there 
fore,  to  live  without  trade,  and  recur  for  subsistence,  to  the 
fertility  and  bounty  of  our  native  soil,  which  affords  us  all 
the  necessaries,  and  some  of  the  conveniences  of  life.  We 
have  suspended  our  importation  from  Great  Britain  and 
Ireland  ;  and  in  less  than  a  year's  time,  unless  our  griev 
ances  should  be  redressed,  shall  discontinue  our  exports  to 
those  kingdoms,  and  the  West  Indies. 

It  is  with  the  utmost  regret,  however,  that  we  find  our 
selves  compelled,  by  the  overruling  principles  of  self-pre 
servation,  to  adopt  measures  detrimental  in  their  conse 
quences  to  numbers  of  our  fellow-subjects  in  Great  Britain 
and  Ireland.  But  we  hope  that  the  magnanimity  and 
justice  of  the  British  nation  will  furnish  a  parliament  of 
such  wisdom,  independence,  and  public  spirit,  as  may  save 
the  violated  rights  of  the  whole  empire  from  the  devices  of 
wicked  ministers  and  evil  counsellors,  whether  in  or  out -of 
office ;  and  thereby  restore  that  harmony,  friendship,  and 


476  LIFE    OF   JOHN    JAY. 

fraternal  affection,  between  all  the  inhabitants  of  his  ma 
jesty's  kingdoms  and  territories,  so  ardently  wished  for  by 
every  true  and  honest  American. 


[No.  II.] 

CIRCULAR  LETTER 
FROM  CONGRESS  TO  THEIR  CONSTITUENTS. 

FRIENDS  AND  FELLOW-CITIZENS, 

In  governments  raised  on  the  generous  principles  of 
equal  liberty,  where  the  rulers  of  the  State  are  the  servants 
of  the  people,  and  not  masters  of  those  from  whom  they 
derive  authority  ;  it  is  their  duty  to  inform  their  fellow- 
citizens  of  the  state  of  their  affairs,  and  by  evincing  the  pro 
priety  of  public  measures,  lead  them  to  unite  the  influence 
of  inclination  to  the  force  of  legal  obligation  in  rendering 
them  successful.  This  duty  ceases  not,  even  in  times  of  the 
most  perfect  peace,  order,  and  tranquillity,  when  the  safety 
of  the  commonwealth  is  neither  endangered  by  force  or 
seduction  from  abroad,  or  by  faction,  treachery,  or  mis 
guided  ambition  from  within.  At  this  season,  therefore,  we 
find  ourselves  in  a  particular  manner  impressed  with  a 
sense  of  it,  and  can  no  longer  forbear  calling  your  attention 
to  a  subject  much  misrepresented,  and  respecting  which 
dangerous,  as  well  as  erroneous  opinions,  have  been  held 
and  propagated :  we  mean  your  finances. 

The  ungrateful  despotism  and  inordinate  lust  of  domi. 
nation  which  marked  the  unnatural  designs  of  the  British 
king  and  his  venal  parliament  to  enslave  the  people  of 
America,  reduced  you  to  the  necessity  of  either  asserting 
your  rights  by  arms  or  ingloriously  passing  under  the  yoke. 
You  nobly  preferred  war.  Armies  were  then  to  be  raised, 
paid,  and  supplied ;  money  became  necessary  for  these  pur 
poses,  Of  your  own  there  was  but  little  ;  and  of  no  nation 


APPENDIX.  477 

in  the  world  could  you  then  borrow.  The  little  that  was 
spread  among  you  could  be  collected  only  by  taxes,  and  to 
this  end  regular  governments  were  essential ;  of  these  you 
were  also  destitute.  So  circumstanced,  you  had  no  other 
resource  but  the  natural  value  and  wealth  of  your  fertile 
country.  Bills  were  issued  on  the  credit  of  this  bank,  and 
your  faith  was  pledged  for  their  redemption.  After  a  con 
siderable  number  of  these  had  circulated,  loans  were  solicited, 
and  offices  for  the  purpose  established.  Thus  a  national 
debt  was  unavoidably  created,  and  the  amount  of  it  is  as 
follows : 

Bills  emitted  and  circulating  -     -     -     -       $159,948,880 
Moneys  borrowed  before  the  1st  of  March, 
1778,  the  interest  of  which  is  payable  in 

France 7,545,196f  J 

Moneys  borrowed  since  the  1st  of  March, 

1778,  the  interest  of  which  is  payable  here    26,188,909 
Money  due  abroad,  not  exactly  known,  the 
balances  not  having  been  transmitted,  sup 
posed  to  be  about 4,000,000 

For  your  further  satisfaction,  we  shall  order  a  particular 
account  of  the  several  emissions,  with  the  times  limited  for 
their  redemption,  and  also  of  the  several  loans,  the  interest 
allowed  on  each,  and  the  terms  assigned  for  their  payment, 
to  be  prepared  and  published. 

The  taxes  have  as  yet  brought  info  the  treasury  no  more 
than  $3,027,560 ;  so  that  all  the  moneys  supplied  to  Con 
gress  by  the  people  of  America  amount  to  no  more  than 
36,761,665  dollars  and  67-90ths,  that  being  the  sum  of  the 
loans  and  taxes  received.  Judge  then  of  the  necessity  of 
emissions,  and  learn  from  whom  and  from  whence  that 
necessity  arose. 

We  are  also  to  inform  you  that  on  the  first  day  of  Sep 
tember  instant  we  resolved, "  that  we  would  on  no  account 
whatever  emit  more  bills  of  credit  than  to  make  the  whole 
amount  of  such  bills  two  hundred  millions  of  dollars  ;" 
and  as  the  sum  emitted  and  in  circulation  amounted  to 


478  LIFE    OF    JOHN    JAY. 

159,948,880  dollars,  and  the  sum  of  40,051,120  dollars 
remained  to  complete  the  two  hundred  million  above  men 
tioned,  we  on  the  third  day  of  September  instant  further 
resolved,  "  that  we  would  emit  such  part  only  of  the  said 
sum  of  40,051,120  dollars  as  should  be  absolutely  necessary 
for  public  exigences  before  adequate  supplies  could  other 
wise  be  obtained,  relying  for  such  supplies  on  the  exertions 
of  the  several  States." 

Exclusive  of  the  great  and  ordinary  expenses  incident  to 
the  war,  the  depreciation  of  the  currency  has  so  swelled  the 
prices  of  every  necessary  article,  and  of  consequence  made 
such  additions  to  the  usual  amount  of  expenditures,  that 
very  considerable  supplies  must  be  immediately  provided 
by  loans  and  taxes ;  and  we  unanimously  declare  it  to  be 
essential  to  the  welfare  of  these  States,  that  the  taxes 
already  called  for  be  paid  into  the  Continental  treasury 
by  the  time  recommended  for  that  purpose.  It  is  also 
highly  proper  that  you  should  extend  your  views  beyond 
that  period,  and  prepare  in  season  as  well  for  bringing  your 
respective  quotas  of  troops  into  the  field  early  the  next 
campaign,  as  for  providing  the  supplies  necessary  in  the 
course  of  it.  We  shall  take  care  to  apprize  you  from  time 
to  time  of  the  state  of  the  treasury,  and  to  recommend  the 
proper  measures  for  supplying  it.  To  keep  your  battalions 
full,  to  encourage  loans,  and  to  assess  your  taxes  with  pru 
dence,  collect  them  with  firmness,  and  pay  them  with  punc 
tuality,  is  all  that  will  be  requisite  on  your  part.  Further 
ways  and  means  of  providing  for  the  public  exigences  are 
now  under  consideration,  and  will  soon  be  laid  before  you. 

Having  thus  given  you  a  short  and  plain  state  of  your 
debt,  and  pointed  out  the  necessity  of  punctuality  in  fur 
nishing  the  supplies  already  required,  we  shall  proceed  to 
make  a  few  remarks  on  the  depreciation  of  the  currency, 
to  which  we  entreat  your  attention. 

The  depreciation  of  bills  of  credit  is  always  either  natural, 
or  artificial,  or  both.  The  latter  is  our  case.  The  moment 
the  sum  in  circulation  exceeded  what  was  necessary  as  a 


APPENDIX.  479 

medium  in  commerce,  it  began  and  continued  to  depreciate 
in  proportion  as  the  amount  of  the  surplus  increased  ;  and 
that  proportion  would  hold  good  until  the  sum  emitted 
should  become  so  great  as  nearly  to  equal  the  value  of  the 
capital  or  stock  on  the  credit  of  which  the  bills  were  issued. 
Supposing,  therefore,  that  $30,000,000  was  necessary  fora 
circulating  medium,  and  that  $160,000,000  had  issued,  the 
natural  depreciation  is  but  little  more  than  as  5  to  1  ;  but 
the  actual  depreciation  exceeds  that  proportion,  and  that 
excess  is  artificial.  The  natural  depreciation  is  to  be 
removed  only  by  lessening  the  quantity  of  money  in  cir 
culation.  It  will  regain  its  primitive  value  whenever  it 
shall  be  reduced  to  the  sum  necessary  for  a  medium  of 
commerce.  This  is  only  to  be  effected  by  loans  and  taxes. 

The  artificial  depreciation  is  a  more  serious  subject,  and 
merits  minute  investigation.  A  distrust,  however  occa 
sioned,  entertained  by  the  mass  of  the  people,  either  in  the 
ability  or  inclination  of  the  United  States  to  redeem  their 
bills,  is  the  cause  of  it.  Let  us  inquire  how  far  reason  will 
justify  a  distrust  in  the  ability  of  the  United  States. 

The  ability  of  the  United  States  must  depend  upon  two 
things :  first,  the  success  of  the  present  revolution ;  and 
secondly,  on  the  sufficiency  of  the  natural  wealth,  value, 
and  resources  of  the  country. 

That  the  time  has  been  when  honest  men  might,  without 
being  chargeable  with  timidity,  have  doubted  the  success 
of  the  present  revolution,  we  admit ;  but  that  period  is  past. 
The  independence  of  America  is  now  as  fixed  as  fate,  and 
the  petulant  efforts  of  Britain  to  break  it  down  are  as  vain 
and  fruitless  as  the  raging  of  the  waves  which  beat  against 
her  cliffs.  Let  those  who  are  still  afflicted  with  these 
doubts  consider  the  character  and  condition  of  our  enemies. 
Let  them  remember  that  we  are  contending  against  a 
kingdom  crumbling  into  pieces ;  a  nation  without  public 
virtue,  and  a  people  sold  to  and  betrayed  by  their  own 
representatives  ;  against  a  prince  governed  by  his  passions, 


480  LIFE    OP    JOHN    JAY. 

and  a  ministry  without  confidence  or  wisdom ;  against 
armies  half  paid  and  generals  half  trusted ;  against  a  gov 
ernment  equal  only  to  plans  of  plunder,  conflagration,  and 
murder — a  government,  by  the  most  impious  violations  of 
the  rights  of  religion,  justice,  humanity,  and  mankind,  court 
ing  the  vengeance  of  Heaven  and  revolting  from  the  pro 
tection  of  Providence.  Against  the  fury  of  these  enemies 
you  made  successful  resistance,  when  single,  alone,  and 
friendless,  in  the  days  of  weakness  and  infancy,  before  your 
hands  had  been  taught  to  war  or  your  fingers  to  fight. 
And  can  there  be  any  reason  to  apprehend  that  the  Divine 
Disposer  of  human  events,  after  having  separated  us  from 
the  house  of  bondage,  and  led  us  safe  through  a  sea  of  blood 
towards  the  land  of  liberty  and  promise,  will  leave  the 
work  of  our  political  redemption  unfinished,  and  either 
permit  us  to  perish  in  a  wilderness  of  difficulties,  or  suffer 
us  to  be  carried  back  in  chains  to  that  country  of  oppres 
sion,  from  whose  tyranny  he  hath  mercifully  delivered  us 
with  a  stretched-out  arm  ? 

In  close  alliance  with  one  of  the  most  powerful  nations 
in  Europe,  which  has  generously  made  our  cause  her  own, 
in  amity  with  many  others,  and  enjoying  the  good- will  of 
all,  what  danger  have  we  to  fear  from  Britain  ?  Instead  of 
acquiring  accessions  of  territory  by  conquest,  the  limits  of 
her  empire  daily  contract ;  her  fleets  no  longer  rule  the 
ocean,  nor  are  her  armies  invincible  by  land.  How  many 
of  her  standards,  wrested  from  the  hands  of  her  champions, 
are  among  your  trophies,  and  have  graced  the  triumphs  of 
your  troops  ?  And  how  great  is  the  number  of  those  who, 
sent  to  bind  you  in  fetters,  have  become  your  captives,  and 
received  their  lives  at  your  hands  ?  In  short,  whoever 
considers  that  these  States  are  daily  increasing  in  power ; 
that  their  armies  have  become  veteran;  that  their  govern 
ments,  founded  in  freedom,  are  established  ;  that  their  fer 
tile  country  and  their  affectionate  ally  furnish  them  with 
ample  supplies ;  that  the  Spanish  monarch,  well  prepared 


APPENDIX.  481 

for  war,  with  fleets  and  armies  ready  for  combat,  and  a 
treasury  overflowing  with  wealth,  has  entered  the  lists 
against  Britain  ;  that  the  other  European  nations,  often 
insulted  by  her  pride,  and  alarmed  at  the  strides  of  her  am 
bition,  have  left  her  to  her  fate  ;  that  Ireland,  wearied  with 
her  oppressions,  is  panting  for  liberty  ;  and  even  Scotland 
displeased  and  uneasy  at  her  edicts :  whoever  considers 
these  things,  instead  of  doubting  the  issue  of  the  war,  will 
rejoice  in  the  glorious,  the  sure,  and  certain  prospect  of  suc 
cess.  This  point  being  established,  the  next  question  is, 
whether  the  natural  wealth,  value,  and  resources  of  the 
country  will  be  equal  to  the  payment  of  the  debt. 

"  Let  us  suppose,  for  the  sake  of  argument,  that  at  the 
conclusion  of  the  war,  the  emissions  should  amount  to 
200,000,000  ;  that,  exclusive  of  supplies  from  taxes,  which 
will  not  be  inconsiderable,  the  loans  should  amount  to 
100,000,000,  then  the  whole  national  debt  of  the  United 
States  would  be  300,000,000.  There  are  at  present  3,000,000 
of  inhabitants  in  the  thirteen  States;  three  hundred  millions 
of  dollars,  divided  among  three  millions  of  people,  would  give 
to  each  person  one  hundred  dollars ;  and  is  there  an  individual 
in  America  unable,  in  the  course  of  eighteen  or  twenty  years, 
to  pay  it  again?  Suppose  the  whole  debt  assessed,  as  it 
ought  to  be,  on  the  inhabitants  in  proportion  to  their 
respective  estates,  what  then  would  be  the  share  of  the 
poorer  people  ?  Perhaps  not  ten  dollars.  Besides,  as  this 
debt  will  not  be  payable  immediately,  but  probably  twenty 
years  allotted  for  it,  the  number  of  inhabitants  by  that  time 
in  America  will  be  far  more  than  double  their  present 
amount.  It  is  well  known  that  the  inhabitants  of  this  country 
increased  almost  in  the  ratio  of  compound  interest.  By 
natural  population  they  doubled  every  twenty  years  ;  and 
how  great  may  be  the  host  of  emigrants  from  other  coun 
tries,  cannot  be  ascertained.  We  have  the  highest  reason 
to  believe  the  number  will  be  immense.  Suppose  that  only 
ten  thousand  should  arrive  the  first  year  after  the  war, 

VOL.  I. Q  Q  Q 


482  LIFE    OP   JOHN   JAY. 

what  will  those  ten  thousand,  with  their  families,  count  in 
twenty  years  time  ?  Probably  double  the  number.  This 
observation  applies  with  proportionable  force  to  the  emr 
grants  of  every  successive  year.  Thus,  you  see,  great  part 
of  your  debt  will  be  payable,  not  merely  by  the  present 
number  of  inhabitants,  but  by  that  number  swelled  and 
increased  by  the  natural  population  of  the  present  inhabit 
ants,  by  multitudes  of  emigrants  daily  arriving  from  other 
countries,  and  by  the  natural  population  of  those  successive 
emigrants,  so  that  every  person's  share  of  the  debt  will  be 
constantly  diminishing,  by  others  coming  to  pay  a  propor 
tion  of  it. 

These  are  advantages  which  none  but  young  countries 
enjoy.  The  number  of  inhabitants  in  every  country  in 
Europe  remains  nearly  the  same  from  one  century  to 
another.  No  country  will  produce  more  people  than  it  can 
subsist ;  and  every  country,  if  free  and  cultivated,  will  pro-, 
duce  as-  many  as  it  can  maintain.  Hence  we  may  form; 
some  idea  of  the  future  population  of  these  States.  Exten 
sive  wildernesses,  now  scarcely  known  or  explored,  remain 
yet  to  be  cultivated,  and  vast  lakes  and  rivers,  whose  waters 
have  for  ages  rolled  in  silence  and  obscurity  to  the  ocean, 
are  yet  to  hear  the  din  of  industry,  become  subservient  to 
commerce,  and  boast  delightful  villas,  gilded  spires,  and 
spacious  cities  rising  on  their  banks. 

Thus  much  for  the  number  of  persons  to  pay  the 
debt.  The  next  point  is  their  ability.  They  who  inquire 
how  many  millions  of  acres  are  contained  only  in  the  set 
tled  part  of  North  America,  and  how  much  each  acre  is 
worth,  will  acquire  very  enlarged,  and  yet  very  inadequate 
ideas  of  the  value  of  this  country.  But  those  who  will  carry 
their  inquiries  further,  and  learn  that  we  heretofore  paid  an 
annual  tax  to  Britain  of  three  millions  sterling  in  the  way 
of  trade,  and  still  grew  rich ;  that  our  commerce  was  then 
confined  to  her ;  that  we  were  obliged  to  carry  our  com 
modities  to  her  market,  and  consequently  sell  them  at  her 


APPENDIX.  483 

Jrlce ;  that  we  were  compelled  to  purchase  foreign  com 
modities  at  her  stores,  and  on  her  terms,  and  were  forbid  to 
establish  any  manufactories  incompatible  with  her  views  of 
gain ;  that  in  future  the  whole  world  will  be  open  to  us, 
and  we  shall  be  at  liberty  to  purchase  from  those  who  will 
sell  on  the  best  terms,  and  to  sell  to  those  who  will  give 
the  best  prices  ;  that  as  the  country  increases  in  number  of 
inhabitants  and  cultivation,  the  production  of  the  earth  will 
be  proportionably  increased,  and  the  riches  of  the  whole 
proportionably  greater: — whoever  examines  the  force  of 
these,  and  similar  observations,  must  smile  at  the  ignorance 
of  those  who  doubt  the  ability  of  the  United  States  to 
redeem  their  bills. 

Let  it  also  be  remembered  that  paper  money  is  the  only 
kind  of  money  which  cannot  "  make  to  itself  wings  and  fly 
away."  It  remains  with  us,  it  will  not  forsake  us,  it  is 
always  ready  and  at  hand  for  the  purpose  of  commerce  or 
taxes,  and  every  industrious  man  can  find  it.  On  the  con 
trary,  should  Britain,  like  Ninevah  (and  for  the  same  reason), 
yet  find  mercy,  and  escape  the  storm  ready  to  burst  upon 
her,  she  will  find  her  national  debt  in  a  very  different  situa 
tion.  Her  territory  diminished,  her  people  wasted,  her 
commerce  ruined,  her  monopolies  gone,  she  must  provide 
for  the  discharge  of  her  immense  debt  by  taxes,  to  be  paid 
in  specie,  in  gold  or  silver,  perhaps  now  buried  in  the  mines 
of  Mexico  or  Peru,  or  still  concealed  in  the  brooks  and 
rivulets  of  Africa  or  Indostan. 

Having  shown  that  there  is  no  reason  to  doubt  the  ability 
of  the  United  States  to  pay  their  debt,  let  us  next  inquire 
whether  as  much  can  be  said  for  their  inclination.  Under 
this  head  three  things  are  to  be  attended  to: 

1  st.  Whether,  and  in  what  manner,  the  faith  of  the  United 
States  has  been  pledged  for  the  redemption  of  their  bills. 

2d.  Whether  they  have  put  themselves  in  a  political 
capacity  to  redeem  them :  and 

3d.   Whether,  admitting  the  two  former  propositions, 


484  LIFE    OF   JOHN    JAY. 

there  is  any  reason  to  apprehend  a  wanton  violation  of  the 
public  faith. 

1st.  It  must  be  evident  to  every  man  who  reads  the  jour 
nals  of  Congress,  or  looks  at  the  face  of  one  of  their  bills, 
that  Congress  have  pledged  the  faith  of  their  constituents 
for  the  redemption  of  them.  And  it  must  be  equally  evident, 
not  only  that  they  had  authority  to  do  so,  but  that  their 
constituents  have  actually  ratified  their  acts  by  receiving 
their  bills,  passing  laws  establishing  their  currency,  and 
punishing  those  who  counterfeit  them.  So  that  it  may  with 
truth  be  said  that  the  people  have  pledged  their  faith  for  the 
redemption  of  them,  not  only  collectively  by  their  repre 
sentatives,  but  individually. 

2d.  Whether  the  United  States  have  put  themselves  in  a 
political  capacity  to  redeem  their  bills,  is  a  question  which 
calls  for  more  full  discussion. 

Our  enemies,  as  well  foreign  as  domestic,  have  laboured 
to  raise  doubts  on  this  head.  They  argue  that  the  confed 
eration  of  the  States  remains  yet  to  be  perfected ;  that  the 
union  may  be  dissolved,  Congress  be  abolished,  and  each 
State  resuming  its  delegated  powers,  proceed  in  future  to 
hold  and  exercise  all  the  rights  of  sovereignty  appertaining 
to  an  independent  state.  In  such  an  event,  say  they,  the 
continental  bills  of  credit,  created  and  supported  by  the 
union,  would  die  with  it.  This  position  being  assumed, 
they  next  proceed  to  assert  this  event  to  be  probable,  and 
in  proof  of  it  urge  our  divisions,  our  parties,  our  separate 
interests,  distinct  manners,  former  prejudices,  and  many 
other  arguments  equally  plausible,  and  equally  fallacious. 
Examine  this  matter. 

For  every  purpose  essential  to  the  defence  of  these  States 
in  the  progress  of  the  present  war,  and  necessary  to  the 
attainment  of  the  objects  of  it,  these  States  now  are  as  fully, 
legally,  and  absolutely  confederated  as  it  is  possible  for 
them  to  be.  Read  the  credentials  of  the  different  delegates 
who  composed  the  Congress  in  1774,  1775,  and  part  of 


APPENDIX.  485 

1776.  You  will  find  that  they  establish  a  union  for  the 
express  purpose  of  opposing  the  oppressions  of  Britain,  and 
obtaining  redress  of  grievances.  On  the  4th  of  July,  1776, 
your  representatives  in  Congress,  perceiving  that  nothing 
less  than  unconditional  submission  would  satisfy  our  ene 
mies,  did  in  the  name  of  the  people  of  the  Thirteen  United 
Colonies,  declare  them  to  be  free  and  independent  States ; 
and  "  for  the  support  of  that  declaration,  with  a  firm  reliance 
on  the  protection  of  Divine  Providence,  did  mutually  pledge 
to  each  other  their  LIVES,  their  FORTUNES,  and  their  SACRED 
HONOUR."  Was  ever  confederation  more  formal,  more 
solemn,  or  explicit  ?  It  has  been  expressly  assented  to,  and 
ratified  by  every  State  in  the  Union.  Accordingly,  for  the 
direct  support  of  this  declaration,  that  is,  for  the  support  of 
the  independence  of  these  States,  armies  have  been  raised, 
and  bills  of  credit  emitted,  and  loans  made  to  pay  and 
supply  them.  The  redemption,  therefore,  of  these  bills,  the 
payment  of  these  debts,  and  the  settlement  of  the  accounts 
of  the  several  States,  for  expenditures  or  services  for  the 
common  benefit,  and  in  this  common  cause,  are  among  the 
objects  of  this  confederation ;  and,  consequently,  while  all 
or  any  of  its  objects  remain  unattained,  it  cannot,  so  far  as 
it  may  respect  such  objects,  be  dissolved  consistently  with 
the  laws  of  GOD  or  MAN. 

But  we  are  persuaded,  and  our  enemies  will  find,  that 
our  union  is  not  to  end  here.  They  are  mistaken  when 
they  suppose  us  kept  together  only  by  a  sense  of  present 
danger.  It  is  a  fact,  which  they  only  will  dispute,  that  the 
people  of  these  States  were  never  so  cordially  united  as  at 
this  day.  By  having  been  obliged  to  mix  with  each  other, 
former  prejudices  have  worn  off,  and  their  several  manners 
become  blended.  A  sense  of  common  permanent  interest, 
mutual  affection  (having  been  brethren  in  affliction),  the  ties 
of  consanguinity  daily  extending,  constant  reciprocity  of 
good  offices,  similarity  in  language,  in  governments,  and 
therefore  in  manners,  the  importance,  weight,  and  splendour 


486  LIFE   OF   JOHN    JAY. 

of  the  Union,  all  conspire  in  forming  a  strong  chain  of  con 
nexion,  which  must  for  ever  bind  us  together.  The  United 
Provinces  of  the  Netherlands,  and  the  United  Cantons  of 
Switzerland,  became  free  and  independent  under  circum 
stances  very  like  ours ;  their  independence  has  been  long 
established,  and  yet  their  confederacies  continue  in  full 
vigour.  What  reason  can  be  assigned  why  our  Union 
should  be  less  lasting  ?  or  why  should  the  people  of  these 
States  be  supposed  less  wise  than  the  inhabitants  of  those  ? 
You  are  not  uninformed  that  a  plan  for  a  perpetual  confed 
eration  has  been  prepared,  and  that  twelve  of  the  thirteen 
States  have  already  acceded  to  it.  But  enough  has  been 
said  to  show  that  for  every  purpose  of  the  present  war,  and 
all  things  incident  to  it,  there  does  at  present  exist  a  perfect 
solemn  confederation,  and  therefore,  that  the  States  now 
are,  and  always  will  be,  in  political  capacity  to  redeem  their 
bills,  pay  their  debts,  and  settle  their  accounts. 

3d.  Whether,  admitting  the  ability  and  political  capacity 
of  the  United  States  to  redeem  their  bills,  there  is  any  rea 
son  to  apprehend  a  wanton  violation  of  the  public  faith  ? 

It  is  with  great  regret  and  reluctance  that  we  can  pre 
vail  upon  ourselves  to  take  the  least  notice  of  a  question 
which  involves  in  it  a  doubt  so  injurious  to  the  honour  and 
dignity  of  America. 

The  enemy,  aware  that  the  strength  of  America  lay  in 
the  union  of  her  citizens  and  the  wisdom  and  integrity  of 
those  to  whom  they  committed  the  direction  of  their  affairs, 
have  taken  unwearied  pains  to  disunite  and  alarm  the 
people,  to  depreciate  the  abilities  and  virtue  of  their  rulers, 
and  to  impair  the  confidence  reposed  in  them  by  their  con 
stituents.  To  this  end,  repeated  attempts  have  been  made 
to  draw  an  absurd  and  fanciful  line  of  distinction  between 
the  Congress  and  the  people,  and  to  create  an  opinion  and 
a  belief  that  their  interests  and  views  were  different  and 
opposed.  Hence  the  ridiculous  tales,  the  invidious  insinua 
tions,  and  the  whimsical  suspicions  that  have  been  forged 


APPENDIX.  4&7 

and  propagated  by  disguised  emissaries  and  traitors  in  the 
garb  of  patriots.  Hence  has  proceeded  the  notable  dis 
covery,  that  as  the  Congress  made  the  money  they  also  can 
destroy  it,  and  that  it  will  exist  no  longer  than  they  find  it 
convenient  to  permit  it.  It  is  not  surprising  that  in  a  free 
country,  where  the  tongues  and  pens  of  such  people  are 
and  must  be  licensed,  such  political  heresies  should  be  incul 
cated  and  diffused ;  but  it  is  really  astonishing  that  the 
mind  of  a  single  virtuous  citizen  in  America  should  be  influ 
enced  by  them.  It  certainly  cannot  be  necessary  to  remind 
you,  that  your  representatives  here  are  chosen  from  among 
yourselves ;  that  you  are,  or  ought  to  be,  acquainted  with 
their  several  characters ;  that  they  are  sent  here  to  speak 
your  sentiments,  and  that  it  is  constantly  in  your  power  to 
remove  such  as  do  not.  You  surely  are  convinced  that  it 
is  no  more  in  their  power  to  annihilate  your  money  than 
your  independence,  and  that  any  act  of  theirs  for  either  of 
those  purposes  would  be  null  and  void. 

We  should  pay  an  ill  compliment  to  the  understanding 
and  honour  of  every  true  American,  were  we  to  adduce 
many  arguments  to  show  the  baseness  or  bad  policy  of 
violating  our  national  faith,  or  omitting  to  pursue  the  mea 
sures  necessary  to  preserve  it.  A  bankrupt,  faithless 
republic  would  be  a  novelty  in  the  political  world,  and 
appear  among  reputable  nations  like  a  common  prostitute 
among  chaste  and  respectable  matrons.  The  pride  of 
America  revolts  from  the  idea ;  her  citizens  know  for  what 
purpose  these  emissions  were  made,  and  have  repeatedly 
plighted  their  faith  for  the  redemption  of  them  ;  they  are  to 
be  found  in  every  man's  possession,  and  every  man  is  inter 
ested  in  their  being  redeemed ;  they  must  therefore  enter 
tain  a  high  opinion  of  American  credulity  who  suppose  the 
people  capable  of  believing,  on  due  reflection,  that  all 
America  will,  against  the  faith,  the  honour,  and  the  interest 
of  all  America,  be  ever  prevailed  upon  to  countenance, 
support,  or  permit  so  ruinous,  so  disgraceful  a  measure, 


488  LIFE    OF   JOHN   JAY. 

We  are  convinced  that  the  efforts  and  arts  of  our  enemies 
will  not  be  wanting  to  draw  us  into  this  humiliating  and 
contemptible  situation.  Impelled  by  malice  and  the  sug 
gestions  of  chagrin  and  disappointment  at  not  being  able  to 
bend  our  necks  to  their  yoke,  they  will  endeavour  to  force  or 
seduce  us  to  commit  this  unpardonable  sin,  in  order  to  sub 
ject  us  to  the  punishment  due  to  it,  and  that  we  may  hence 
forth  be  a  reproach  and  a  byword  among  the  nations. 
Apprized  of  these  consequences,  knowing  the  value  of  na 
tional  character,  and  impressed  with  a  due  sense  of  the 
immutable  laws  of  justice  and  honour,  it  is  impossible  that 
America  should  think  without  horror  of  such  an  execrable 
deed. 

If,  then,  neither  our  ability  or  inclination  to  discharge  the 
public  debt  is  justly  questionable,  let  our  conduct  corre 
spond  with  this  confidence,  and  let  us  rescue  our  credit  from 
its  present  imputations.  Had  the  attention  of  America  to 
this  object  been  unremitted,  had  taxes  been  seasonably 
imposed  and  collected,  had  proper  loans  been  made,  had 
laws  been  passed  and  executed  for  punishing  those  who 
maliciously  endeavoured  to  injure  the  public  credit, — had 
these  and  many  other  things  equally  necessary  been  done, 
and  had  our  currency,  notwithstanding  all  these  efforts, 
declined  to  its  present  degree  of  depreciation,  our  case 
would  indeed  have  been  deplorable.  But  as  these  exertions 
have  not  been  made,  we  may  yet  experience  the  good 
effects  which  naturally  result  from  them.  Our  former  neg 
ligences,  therefore,  should  now  animate  us  with  hope,  and 
teach  us  not  to  despair  of  removing,  by  vigilance  and  appli 
cation,  the  evils  which  supineness  and  inattention  have  pro 
duced. 

It  has  been  already  observed,  that  in  order  to  prevent  the 
further  natural  depreciation  of  our  bills,  we  have  resolved 
to  stop  the  press,  and  to  call  upon  you  for  supplies  by  loans 
and  taxes.  You  are  in  capacity  to  afford  them,  and  are 
bound  by  the  strongest  ties  to  do  it.  Leave  us  not,  there- 


APPENDIX.  489 

fore,  without  supplies,  nor  let  in  that  flood  of  evils  which 
would  follow  from  such  a  neglect.  It  would  be  an  event 
most  grateful  to  our  enemies ;  and,  depend  upon  it,  they 
will  redouble  their  artifices  and  industry  to  compass  it. 
Be,  therefore,  upon  your  guard,  and  examine  well  the  policy 
of  every  measure  and  the  evidence  of  every  report  that 
may  be  proposed  or  mentioned  to  you  before  you  adopt  the 
one  or  believe  the  other.  Recollect  that  it  is  the  price  of 
the  liberty,  the  peace,  and  the  safety  of  yourselves  and  pos 
terity  that  now  is  required  ;  that  peace,  liberty,  and  safety, 
for  the  attainment  and  security  of  which  you  have  so  often 
and  so  solemnly  declared  your  readiness  to  sacrifice  your 
lives  and  fortunes.  The  war,  though  drawing  fast  to  a 
successful  issue,  still  rages.  Disdain  to  leave  the  whole 
business  of  your  defence  to  your  ally.  Be  mindful  that  the 
brightest  prospects  may  be  clouded,  and  that  prudence  bids 
us  be  prepared  for  every  event.  Provide,  therefore,  for 
continuing  your  armies  in  the  field  till  victory  and  peace 
shall  lead  them  home  ;  and  avoid  the  reproach  of  permitting 
the  currency  to  depreciate  in  your  hands  when,  by  yielding 
a  part  to  taxes  and  loans,  the  whole  might  have  been  appre 
ciated  and  preserved.  Humanity  as  well  as  justice  makes 
this  demand  upon  you.  The  complaints  of  ruined  widows, 
and  the  cries  of  fatherless  children,  whose  whole  support 
has  been  placed  in  your  hands  and  melted  away,  have 
doubtless  reached  you;  take  care  that  they  ascend  no 
higher.  Rouse,  therefore  ;  strive  who  shall  do  most  for  his 
country;  rekindle  that  flame  of  patriotism  which,  at  the 
mention  of  disgrace  and  slavery,  blazed  throughout  America 
and  animated  all  her  citizens.  Determine  to  finish  the  con 
test  as  you  began  it,  honestly  and  gloriously.  Let  it  never 
be  said,  that  America  had  no  sooner  become  independent 
than  she  became  insolvent,  or  that  her  infant  glories  and 
growing  fame  were  obscured  and  tarnished  by  broken  con 
tracts  and  violated  faith,  in  the  very  hour  when  all  the  na- 

VOL.  I. R  R  R 


490  LIFE    OF   JOHN    JAY. 

tions  of  the  earth  were  admiring  and  almost  adoring  the 
splendour  of  her  rising. 

By  the  unanimous  consent  of  Congress. 

JOHN  JAY,  President* 

Philadelphia,  Sept.  13,  1779. 


[No.  III.] 

BARBE  DE  MARBOIS  TO  COUNT  DE  VERGENNES. 

Philadelphia,  March  13th,  1782. 

SIR, 

South  Carolina  again  enjoys  the  benefit  of  a  legislative 
body,  after  having  been  deprived  of  it  for  two  years ;  it 
was  summoned  together  towards  the  latter  end  of  last  Jan 
uary,  at  Jacksonburg,  only  ten  leagues  distant  from  Charles 
ton,  where  deliberations  are  carried  on  with  as  much  tran 
quillity  as  if  the  State  was  in  profound  peace.  Mr.  Rutledge, 
who  wras  the  governor,  opened  the  meeting  with  a  speech 
greatly  applauded,  wherein  he  represents  in  their  full  extent 
the  important  services  rendered  by  the  king  to  the  United 
States,  expressing  their  just  acknowledgment  of  the  same. 
This  sentiment  prevails  much,  .sir ;  the  different  States  are 
eager  to  declare  it  in  their  public  acts,  and  the  principal 
members  of  government,  and  the  writers  employed  by  them 
would  forfeit  their  popularity,  were  they  to  admit  any 
equivocal  marks  respecting  the  alliance.  General  Greene 
affirms,  that  in  no  one  State  is  attachment  to  independence 
carried  to  a  higher  pitch ;  but  that  this  affection  is  yet  ex 
ceeded  by  the  hatred  borne  to  England.  The  Assembly  of 
Carolina  is  going  to  make  levies  of  men,  and  has  imposed 
pretty  large  sums ;  as  there  is  but  little  money  in  the  coun 
try,  the  taxes  will  be  gathered  in  indigo,  and  what  deficiency 
may  then  be  found,  will  be  supplied  by  the  sale  of  lands  of 


APPENDIX.  491 

such  Carolinians  as  joined  the  enemy  while  they  were  in 
possession  of  the  country.  South  Carolina  was  the  only 
State  that  had  not  confiscated  the  property  of  the  disaffected. 
The  step  just  taken  puts  her  on  a  footing  with  the  other 
States  in  the  Union.  The  Assembly  of  this  State  has  passed 
a  resolution,  in  consequence  of  which  a  purchase  of  land  is 
to  be  made  of  the  value  of  two  hundred  and  forty  thousand 
livres  tournois,  which  Carolina  makes  a  present  to  General 
Greene  as  the  saviour  of  that  province. 

Mr.  Matthews,  a  delegate  from  Congress,  lately  arrived 
in  Carolina,  has,  it  is  said,  been  chosen  governor  in  the  room 
of  Mr.  Rutledge :  he  has  communicated  to  the  persons  of 
most  influence  in  this  State,  the  ultimatum  of  the  month  of 
*  *  last,  who  approved  of  the  clauses  in  general,  and  par 
ticularly  that  one  which  leaves  the  king  master  of  the  terms 
of  the  treaty  of  peace,  or  truce,  excepting  independence,  and 
treaties  of  alliance.  A  delegate  from  South  Carolina  told 
me  that  this  ultimatum  was  equally  well  known  by  persons 
of  note  in  this  State,  and  this  had  given  entire  satisfaction 
there.  It  is  the  same  with  regard  to  several  other  States  ; 
and  I  believe  I  may  assure  you,  upon  the  testimony  of  sev 
eral  delegates,  that  this  measure  is  approved  by  a  great 
majority ;  but  Mr.  Samuel  Adams  is  using  all  his  endeav 
ours  to  raise  in  the  State  of  Massachusetts  a  strong  opposi 
tion  to  peace,  if  the  Eastern  States  are  not  thereby  admitted 
to  the  fisheries,  and  particularly  to  that  of  Newfoundland. 
Samuel  Adams  delights  in  trouble  and  difficulty,  and  prides 
himself  on  forming  an  opposition  against  the  government 
whereof  he  is  himself  the  president.  His  aims  and  intentions 
are  to  render  the  minority  of  consequence,  and  at  this  very 
moment  he  is  attacking  the  constitution  of  Massachusetts, 
although  it  is  in  a  great  measure  his  own  work  ;  but  he  had 
disliked  it  since  the  people  had  shown  their  uniform  attach 
ment  to  it. 

It  may  be  expected  that  with  this  disposition  no  measure 
can  meet  the  approval  of  Mr.  Samuel  Adams ;  and  if  the 


492  LIFE    OP   JOHN   JAY. 

United  States  should  agree  relative  to  the  fisheries,  and 
be  certain  of  partaking  therein,  all  his  measures  and  intrigues 
would  be  directed  towards  the  conquest  of  Canada  and 
Nova  Scotia ;  but  he  could  not  have  used  a  fitter  engine 
than  the  fisheries  for  stirring  up  the  passions  of  the  eastern 
people.  By  renewing  this  question,  which  had  lain  dormant 
during  his  two  years  absence  from  Boston,  he  has  raised 
the  expectation  of  the  people  of  Massachusetts  to  an  extra 
ordinary  pitch.  The  public  prints  hold  forth  the  importance 
of  the  fisheries  ;  the  reigning  toast  in  the  east  is,  May  the 
United  States  ever  maintain  their  right  to  the  fisheries.  It 
has  been  often  repeated  in  the  deliberations  of  the  general 
court,  No  truce  without  the  fisheries.  However  clear  the 
principle  may  be  in  this  matter,  it.  would  be  needless  and 
even  dangerous  to  attempt  informing  the  people  through 
the  public  papers ;  but  it  appears  to  me  possible  to  use 
means  for  preventing  the  consequences  of  success  to  Mr.  S. 
Adams  and  his  party,  and  I  take  the  liberty  of  submitting 
these  to  your  discernment  and  indulgence:  one  of  those 
means  would  be  for  the  king  to  cause  it  to  be  intimated  to 
Congress  or  to  the  ministers,  "  his  surprise  that  the  New 
foundland  fisheries  have  been  included  in  the  additional 
instructions ;  that  the  United  States  set  forth  therein  pre 
tensions  without  paying  regard  to  the  king's  rights,  and 
without  considering  the  impossibility  they  are  under  of 
making  conquests,  and  keeping  what  belongs  to  Great 
Britain." 

His  majesty  might  at  the.  same  time  cause  a  promise  to 
be  given  to  Congress,  "  of  his  assistance  for  procuring  ad 
mission  to  the  other  fisheries,  and  declaring,  however,  that 
he  would  not  be  answerable  for  the  success,  and  that  he  is 
bound  to  nothing,  as  the  treaty  makes  no  mention  of  that 
article."  This  declaration  being  made  before  the  peace, 
the  hopes  of  the  people  could  not  be  supported,  nor  could  it 
one  day  be  said,  that  we  left  them  in  the  dark  on  this  point. 
It  were  even  to  be  wished  that  this  declaration  should  be 


APPENDIX.  493 

made  while  New- York,  Charleston,  and  Penobscot  are  in 
the  enemy's  hands  ;  our  allies  will  be  less  tractable  than  ever 
upon  these  points  whenever  they  recover  these  important 
posts.  There  are  some  judicious  persons  to  whom  one 

may  speak  of  giving  up  the  fisheries,  and  the *  of 

the  west,  for  the  sake  of  peace.  But  there  are  enthusiasts 
who  fly  out  at  this  idea,  and  their  numbers  cannot  fail 
increasing  when,  after  the  English  are  expelled  from  this 
continent,  the  burden  of  the  war  will  scarcely  be  felt.  It  is 
already  observable  that  the  advocates  for  peace  are  those 
who  live  in  the  country.  The  inhabitants  of  towns  whom 
commerce  enriches,  mechanics  who  receive  there  a  higher 
pay  than  before  the  war,  and  five  or  six  times  more  than  in 
Europe,  do  not  wish  for  it,  but  it  is  a  happy  circumstance 
that  this  division  is  nearly  equal  in  the  Congress  and  among 
the  States,  since  our  influence  can  incline  the  beam  either 
for  peace  or  war,  whichever  way  we  choose.  Another 
means  of  preserving  to  France  so  important  a  branch  of  her 
commerce  and  navigation,  is  that  proposed  to  you,  sir,  by 

M viz.  the  conquest  of  Cape  Breton :   it  seems  to  me, 

as  it  does  to  that  minister,  the  only  sure  means  of  containing 
within  bounds,  when  peace  is  made,  those  swarms  of  smug 
glers  who,  without  regard  to  treaties,  will  turn  all  their 
activity,  daring  spirit,  and  means  towards  the  fisheries, 
whose  undertakings  Congress  will  not,  perhaps,  have  the 
power  or  the  will  to  suppress.  If  it  be  apprehended  that 
the  peace,  which  is  to  put  an  end  to  the  present  war,  will 
prove  disagreeable  to  any  of  the  United  States,  there  ap 
pears  to  me  a  certain  method  of  guarding  against  the  effects 
of  this  discontent,  of  preventing  the  declaration  of  some 
States,  and  other  resources  which  turbulent  minds  might 
employ  for  availing  themselves  of  the  present  juncture. 
This  would  be  for  his  majesty  to  cause  a  memorial  to  be 
delivered  to  Congress,  wherein  should  be  stated  the  use 

*  Supposed  lands. 


494  LIFE    OF   JOHN   JAY. 

made  by  his  ministers  of  the  powers  entrusted  to  them  by 
that  assembly  ;  and  the  impediments  which  may  have  stood 
in  the  way  of  a  fuller  satisfaction  on  every  point.  This 
step  would  certainly  be  pleasing  to  Congress ;  and  should 
it  become  necessary  to  inform  the  people  of  this  memorial, 
it  could  easily  be  done  ;  they  would  be  flattered  by  it,  and 
it  might  probably  beget  the  voice  and  concurrence  of  the 
public.  I  submit  these  thoughts  to  you  early;  and  although 
peace  appears  yet  to  be  distant,  sir,  by  reason  of  delays  and 
difficulties  attending  the  communication,  that  period  will 
be  a  crisis  wrhen  the  partisans  of  France  and  England  will 
openly  appear,  and  when  that  power  will  employ  every 
means  to  diminish  our  influence  and  re-establish  her  own : 
it  is  true,  the  independent  party  will  always  stand  in  great 
want  of  our  support,  that  the  fears  and  jealousies  which  a 
remembrance  of  the  former  government  will  always  pro 
duce,  must  operate  as  the  safeguard  to  our  alliance,  and  as 
a  security  for  the  attachment  of  the  Americans  to  us.  But 
it  is  best  to  be  prepared  for  any  discontents,  although  it 
should  be  but  temporary.  It  is  remarked  by  some,  that  as 
England  has  other  fisheries  besides  Newfoundland,  she  may 
perhaps  endeavour  that  the  Americans  should  partake  in 
that  of  the  Great  Bank,  in  order  to  conciliate  their  affection, 
or  procure  them  some  compensation,  or  create  a  subject  of 
jealousy  between  them  and  us ;  but  it  does  not  seem  likely 
that  she  will  act  so  contrary  to  her  true  interest,  and  were 
she  to  do  so,  it  will  be  for  the  better  to  have  declared  at  an 
early  period  to  the  Americans,  that  their  pretension  is  not 
founded,  and  that  his  majesty  does  not  mean  to  support  it. 

I  here  enclose,  sir,  translations  of  the  speech  of  the  gov 
ernor  of  South  Carolina  to  the  Assembly,  and  of  their  answer. 
These  interesting  productions  convey,  in  a  forcible  manner, 
the  sentiments  of  the  inhabitants  of  that  State,  and  appear 
to  me  worth  communicating  to  you. 

I  am,  &c. 

BARBE  DE  MARBOIS. 


APPENDIX.  495 

[No.  IV.] 
ADDRESSES  TO  THE  AMERICAN  BIBLE  SOCIETY. 


At  the  Annual  Meeting,  May  9,  1822. 

OUR  late  worthy  and  munificent  president  having,  since 
the  last  anniversary  of  the  society,  been  removed  to  a 
better  state,  the  board  of  managers  were  pleased  to 
elect  me  to  succeed  him :  and  that  the  state  of  my  health 
might  cease  to  be  an  objection,  they  have  also  dispensed 
with  my  personal  attendance.  For  the  honour  they  have 
done  me  by  both  these  marks  of  attention,  it  gives  me 
pleasure  to  express  my  sincere  and  grateful  acknowledg 
ments.  With  equal  sincerity  I  assure  the  society,  that 
although  restrained  from  active  services  by  long  continued 
maladies,  and  the  increasing  infirmities  of  age,  my  attach 
ment  to  this  institution,  and  my  desire  to  promote  the 
attainment  of  its  great  and  important  objects,  remain  un- 
diminished. 

Those  great  and  important  objects  have,  on  former  anni 
versaries  of  this  and  similar  societies,  been  so  comprehen 
sively  and  eloquently  elucidated  by  gentlemen  of  signal 
worth  and  talents,  as  that  it  would  neither  be  a  necessary 
nor  an  easy  task  to  give  them  additional  illustration.  So 
interesting,  however,  are  the  various  topics  which  bear  a 
relation  to  the  purposes  for  which  we  have  associated,  that 
it  cannot  be  useless,  nor,  on  these  occasions,  unseasonable, 
to  reiterate  our  attention  to  some  of  them. 

There  is  reason  to  believe  that  the  original,  and  the  sub 
sequent  fallen  state  of  man  ;  his  promised  redemption  from 
the  latter,  and  the  institution  of  sacrifices  having  reference 
to  it,  were  well  known  to  many  of  every  antediluvian  gen 
eration.  That  these  great  truths  were  known  to  Noah, 
appears  from  the  Divine  favour  he  experienced ;  from  his 


496  LIFE    OF   JOHN    JAY. 

being  a  preacher  of  righteousness  ;  and  from  the  time,  and 
the  description  of  the  sacrifices  which  he  offered.  That  he 
carefully  and  correctly  communicated  this  knowledge  to 
his  children,  is  to  be  presumed  from  his  character  and 
longevity.- 

After  the  astonishing  catastrophe  at  Babel,  men  naturally 
divided  into  different  associations,  according  to  their  lan 
guages  ;  and  migrating  into  various  regions,  multiplied  into 
distinct  nations.  Tradition,  doubtless,  still  continued  to 
transmit  these  great  truths  from  generation  to  generation ; 
but  the  diminution  of  longevity,  together  with  the  defects 
and  casualties  incident  to  tradition,  gradually  rendered  it 
less  and  less  accurate.  These  important  truths  thus  be 
came,  in  process  of  time,  disfigured,  obscure,  and  disre 
garded.  Custom  and  usage  continued  the  practice  of  sacri 
fices,  but  the  design  of  their  institution  ceased  to  be  re 
membered.  Men  "  sought  out  many  inventions,"  and  true 
religion  was  supplanted  by  fables  and  idolatrous  rites. 
Their  mythology  manifests  the  inability  of  mere  human 
reason,  even  when  combined  with  the  learning  of  Egypt, 
and  the  philosophy  of  Greece  and  Rome,  to  acquire  the 
knowledge  of  our  actual  state  and  future  destiny,  and  of 
the  conduct  proper  to  be  observed  in  relation  to  both. 

By  the  merciful  interposition  of  Providence,  early  pro 
vision  was  made  for  preserving  these  great  truths  from 
universal  oblivion ;  and  for  their  being  ultimately  diffused 
throughout  the  world.  They  were  communicated  to 
Abraham.  He  was  also  favoured  with  additional  informa 
tion  relative  to  the  expected  redemption,  and  with  a  promise 
that  the  Redeemer  should  be  of  his  family.  That  family 
was  thenceforth  separated  and  distinguished  from  others, 
and  on  becoming  a  nation,  was  placed  under  theocratic 
government.  To  that  family  and  nation,  the  Divine 
oracles  and  revelations  were  committed  ;  and  such  of  them 
as  Infinite  Wisdom  deemed  proper  for  the  future  instruction 
of  every  nation,  were  recorded  and  carefully  preserved. 


APPENDIX.  497 

By  those  revelations,  the  promise  and  expectation  of  re 
demption  were  from  time  to  time  renewed,  and  sundry  dis 
tinctive  marks  and  characteristic  circumstances  of  the 
Redeemer  predicted.  The  same  merciful  Providence  has 
also  been  pleased  to  cause  every  material  event  and  occur 
rence  respecting  our  Redeemer,  together  with  the  gospel 
he  proclaimed,  and  the  miracles  and  predictions  to  which 
it  gave  occasion,  to  be  faithfully  recorded  and  preserved 
for  the  information  and  benefit  of  all  mankind. 

All  these  records  are  set  forth  in  the  Bible  which  we  are 
distributing ;  and  from  them  it  derives  an  incalculable  de 
gree  of  importance ;  for  as  every  man  must  soon  pass 
through  his  short  term  of  existence  here,  into  a  state  and 
life  of  endless  duration,  the  knowledge  necessary  to  enable 
him  to  prepare  for  such  a  change  cannot  be  too  highly 
estimated. 

The  gospel  was  no  sooner  published,  than  it  proceeded 
to  triumph  over  obstacles  which  its  enemies  thought  insur 
mountable,  and  numerous  heathen  nations  rendered  joyful 
"obedience  to  the  faith."  Well-known  events  afterward 
occurred,  which  impeded  its  progress,  and  even  contracted 
the  limits  of  its  sway.  Why  those  events  were  permitted, 
and  why  the  conversion  of  the  great  residue  of  the  Gentiles 
was  postponed,  has  not  been  revealed  to  us.  The  Scrip 
tures  inform  us,  that  the  coming  in  of  the  fulness  of  the 
Gentiles  will  not  be  accomplished  while  Jerusalem  shall 
continue  to  be  trodden  down  by  them.  As  a  distant  future 
period  appears  to  have  been  allotted  for  its  accomplishment, 
so  a  distant  future  season  was  doubtless  assigned  for  its 
effectual  commencement.  Although  the  time  appointed 
for  the  arrival  of  that  season  cannot  be  foreseen,  yet  we 
have  reason  to  presume  that  its  approach,  like  the  approach 
of  most  other  seasons,  will  be  preceded  and  denoted  by 
appropriate  and  significant  indications.  As  the  conversion 
of  the  Gentiles  is  doubtless  to  be  effected  by  the  instru 
mentality  of  Christian  nations,  so  these  will  doubtless  be 

VOL.  I S  S  S 


498  LIFE    OF    JOHN    JAY. 

previously  prepared  and  qualified  for  that  great  work ;  and 
their  labour  in  it  be  facilitated  by  the  removal  or  mitigation 
of  obstructions  and  difficulties.  The  tendency  which  cer 
tain  recent  events  have  to  promote  both  these  purposes, 
gives  them  the  aspect  of  such  indications. 

Great  and  multifarious  were  the  calamities  inflicted  on 
the  nations  of  Europe  by  their  late  extensive  war  ;  a  war 
of  longer  duration,  and  in  the  course  of  which  more  blood 
and  tears  were  shed — more  rapacity  and  desolation  com 
mitted — more  cruelty  and  perfidy  exercised — and  more 
national  and  individual  distress  experienced,  than  in  any  of 
those  which  are  recorded  in  modern  history.  During  the 
continuance,  and  on  the  conclusion  of  such  a  war,  it  was 
natural  to  expect,  that  the  pressure  of  public  and  personal 
dangers  and  necessities  would  have  directed  and  limited 
the  thoughts,  cares  and  efforts  of  rulers  and  people  to  their 
existing  exigences ;  and  to  the  means  necessary  to  acquire 
security,  to  repair  waste,  and  terminate  privations. 

Yet,  strange  as  it  may  appear,  desires,  designs,  and  exer 
tions  of  a  very  different  kind,  mingled  with  these  urgent 
temporal  cares.  The  people  of  Great  Britain  formed,  and 
have  nobly  supported  their  memorable  Bible  Society. 
Their  example  has  been  followed,  not  only  by  the  people  of 
this  country,  but  also  by  nations  who  had  not  yet  obliterated 
the  vestiges  of  war  and  conflagration.  At  no  former 
period  have  the  people  of  Europe  and  America  instituted 
so  many  associations  for  diffusing  and  impressing  the 
knowledge  and  influence  of  the  gospel,  and  for  various 
other  charitable  and  generous  purposes,  as  since  the  begin 
ning  of  the  present  century.  These  associations  compre 
hend  persons  of  every  class ;  and  their  exemplary  zeal  and 
philanthropy  continue  to  incite  feelings  and  meditations 
well  calculated  to  prepare  us  all  for  the  great  work  before 
mentioned.  We  have  also  lived  to  see  some  of  the  obstruc 
tions  to  it  removed,  and  some  of  its  difficulties  mitigated. 
Throughout  many  generations  there  have  been  professing 


APPENDIX.  499 

Christians,  who,  under  the  countenance  and  authority  of 
their  respective  governments,  treated  the  heathen  inhabit 
ants  of  certain  countries  in  Africa  as  articles  of  commerce ; 
taking  and  transporting  multitudes  of  them,  like  beasts  of 
burden,  to  distant  regions  ;  to  be  sold,  and  to  toil  and  die  in 
slavery.  During  the  continuance  of  such  a  traffic,  with 
what  consistence,  grace,  or  prospect  of  success,  could  such 
Christians  send  missionaries  to  present  the  Bible,  or  preach 
the  Christian  doctrines  of  brotherly  kindness  and  charity  to 
the  people  of  those  countries  ? 

So  far  as  respects  Great  Britain  and  the  United  States, 
that  obstacle  has  been  removed ;  and  other  Christian  na 
tions  have  partially  followed  their  example.  Although 
similar  circumstances  expose  some  of  them  to  an  opposition 
like  that  which  Great  Britain  experienced,  it  is  to  be  hoped 
that  an  overruling  Providence  will  render  it  equally  unsuc 
cessful.  I  allude  to  the  territorial  and  personal  concerns 
which  prompted  the  opposition  with  which  the  advocates 
for  the  act  of  abolition  had  to  contend.  It  will  be  recol 
lected  that  many  influential  individuals  deeply  interested  in 
the  slave-trade,  together  with  others  who  believed  its  con 
tinuance  to  be  indispensable  to  the  prosperity  of  the  British 
West  India  Islands,  made  strenuous  opposition  to  its  aboli 
tion,  even  in  the  British  parliament.  Delays  were  caused 
by  it,  but  considerations  of  a  higher  class  than  those  which 
excited  the  opposition,  finally  prevailed,  and  the  parliament 
abolished  that  detestable  trade.  Well-merited  honour  was 
thereby  reflected  on  the  Legislature ;  and  particularly  on 
that  excellent  and  celebrated  member  of  it,  whose  pious 
zeal  and  unwearied  perseverance  were  greatly  and  con 
spicuously  instrumental  to  the  removal  of  that  obstacle. 
Their  example,  doubtless,  has  weight  with  those  other  na 
tions  who  are  in  a  similar  predicament,  and  must  tend  to 
encourage  them  to  proceed  and  act  in  like  manner. 

Although  an  immense  heathen  population  in  India  was 
under  the  dominion,  control,  and  influence  of  a  Christian 


500  LIFE    OF    JOHN    JAY. 

nation,  yet  it  was  deemed  better  policy  to  leave  them  in 
blindness  than  to  risk  incurring  the  inconveniences  which 
might  result  from  authorizing  or  encouraging  attempts  to 
relieve  them  from  it.  This  policy  has  at  length  met  with 
the  neglect  it  deserved.  The  gospel  has  been  introduced 
into  India,  under  the  auspices  of  the  British  government ; 
and  various  means  are  co-operating  to  advance  its  pro 
gress,  and  hasten  the  time  when  the  King  of  saints  will 
emancipate  that  people  from  'the  domination  of  the  prince 
of  darkness. 

The  languages  of  the  heathen  nations  in  general  being 
different  from  those  of  Christian  nations,  neither  their  Bibles 
could  be  read,  nor  their  missionaries  be  understood  by  the 
former.  To  obviate  and  lessen  these  difficulties,  numerous 
individuals  have  been  induced  to  learn  those  languages  ; 
and  the  Bible  has  already  been  translated  into  many  of 
them.  Provision  has  been  made  for  educating  heathen 
youth,  and  qualifying  them  for  becoming  missionaries. 
Schools  have  also  been  established  in  heathen  countries, 
and  are  preparing  the  rising  generation  to  receive  and  to 
diffuse  the  light  of  the  gospel. 

The  mere  tendency  of  these  events  to  promote  the  com 
ing  in  of  the  Gentiles,  affords  presumptive  evidence  of  their 
being  genuine  indications  of  the  approach  of  the  season 
assigned  for  it — or,  in  other  words,  that  they  are  providen 
tial.  This  evidence  becomes  more  than  presumptive, 
when  combined  with  that  which  the  few  following  inquiries 
and  remarks  bring  into  view.  v 

Whence  has  it  come  to  pass  that  Christian  nations,  who  for 
ages  had  regarded  the  welfare  of  heathens  with  indifference, 
and  whose  intercourse  with  them  had  uniformly  been  regu 
lated  by  the  results  of  political,  military,  and  commercial 
calculations,  have  recently  felt  such  new  and  unprecedented 
concern  for  the  salvation  of  their  souls,  and  have  simul 
taneously  concurred  in  means  and  measures  for  that  pur 
pose?  Whence  has  it  come  to  pass  that  so  many  indi- 


APPENDIX.  501 

viduals,  of  every  profession  and  occupation,  "who  in  the 
ordinary  course  of  human  affairs  confine  their  speculations, 
resources,  and  energies  to  the  acquisition  of  temporal  pros 
perity  for  themselves  and  families,  have  become  so  ready 
and  solicitous  to  supply  idolatrous  strangers  in  remote 
regions  with  the  means  of  obtaining  eternal  felicity  ?  Who 
has  "  opened  their  hearts  to  attend"  to  such  things  ? 

It  will  be  acknowledged  that  worldly  wisdom  is  little 
conversant  with  the  transcendent  affairs  of  that  kingdom 
which  is  not  of  this  world ;  and  has  neither  ability  to  com 
prehend,  nor  inclination  to  further  them.  To  what  ade 
quate  cause,  therefore,  can  these  extraordinary  events  be 
attributed,  but  to  the  wisdom  that  cometh  from  above  ?  If 
so,  these  events  authorize  us  to  conclude,  that  the  Redeemer 
is  preparing  to  take  possession  of  the  great  remainder  of 
his  heritage,  and  is  inciting  and  instructing  his  servants  to 
act  accordingly.  The  duties  which  this  conclusion  pro 
claims  and  inculcates,  are  too  evident  and  well  known  to 
require  particular  enumeration. 

Not  only  Bible  Societies,  but  also  the  various  other  socie 
ties  who  in  different  ways  are  forwarding  the  great  work 
in  question,  have  abundant  reason  to  rejoice  and  be  thankful 
for  the  blessings  which  have  prospered  their  endeavours. 
We  of  this  society  in  particular  cannot  fail  to  participate 
largely  in  this  gratitude  and  joy  ;  especially  when  we  re 
flect  on  the  beneficent  and  successful  exertions  of  our  late 
meritorious  president  to  establish  and  support  it — on  the 
number  of  our  auxiliaries  and  members — on  the  continuance 
and  amount  of  their  contributions — and  on  the  fidelity  and 
prudence  with  which  our  affairs  have  been  managed. 

Let  us  therefore  persevere  steadfastly  in  distributing  the 
Scriptures  far  and  near,  and  without  note  or  comment 
We  are  assured  that  they  "  are  profitable  for  doctrine,  for 
reproof,  for  correction,  for  instruction  in  righteousness." 
They  comprise  the  inestimable  writings  by  which  the  in 
spired  apostles,  who  were  commanded  to  preach  the  gospel 


502  LIFE    OF    JOHN    JAY. 

to  all  people,  have  transmitted  it,  through  many  ages,  down 
to  our  days.  The  apostles  were  opposed  in  preaching  the 
gospel,  but  they  nevertheless  persisted.  We  are  opposed 
in  dispensing  the  Scriptures  which  convey  the  knowledge  of 
it ;  and  let  us  follow  their  example.  An  eminent  ancient 
counsellor  gave  excellent  advice  to  their  adversaries;  and 
his  reasoning  affords  salutary  admonition  to  our  opponents. 
That  advice  merits  attention,  and  was  concluded  in  the  fol 
lowing  memorable  words. 

"  Refrain  from  these  men,  and  let  them  alone  ;  for  if  this 
counsel  or  this  work  be  of  men,  it  will  come  to  naught ;  but 
if  it  be  of  God,  ye  cannot  overthrow  it ;  lest  haply  ye  be 
found  even  to  fight  against  God." 


At  the  Annual  Meeting,  May  8,  1823. 

GENTLEMEN, 

It  gives  me  pleasure  to  observe  that  this  anniversary,  like 
the  preceding,  brings  with  it  tidings  which  give  us  occasion 
for  mutual  gratulations,  and  for  united  thanksgivings  to  Him 
whose  blessings  continue  to  prosper  our  proceedings. 

These  annual  meetings  naturally  remind  us  of  the  pur 
poses  for  which  we  have  associated  ;  and  lead  us  to  reflec 
tions  highly  interesting  to  those  who  consider  what  and 
where  we  are,  and  what  and  where  we  are  to  be. 

That  all  men,  throughout  all  ages,  have  violated  their 
allegiance  to  their  great  Sovereign,  is  a  fact  to  which  expe 
rience  and  revelation  bear  ample  and  concurrent  testimony. 
The  Divine  attributes  forbid  us  to  suppose,  that  the  Almighty 
Sovereign  of  the  universe  will  permit  any  province  of  His. 
-empire  to  remain  for  ever  in  a  state  of  revolt.  On  the 
contrary,  the  sacred  Scriptures  assure  us,  that  it  shall  not 
only  be  reduced  to  obedience,  but  also  be  so  purified  and 
improved,  as  that  righteousness  and  felicity  shall  dwell  and 
abide  in  it. 


APPENDIX.  503 

Had  it  not  been  the  purpose  of  God,  that  His  will  should 
be  done  on  earth  as  it  is  done  in  heaven,  He  would  not  have 
commanded  us  to  pray  for  it.  That  command  implies  a 
prediction  and  a  promise  that  in  due  season  it  shall  be 
accomplished.  If  therefore  the  -will  of  God  is  to  be  done 
on  earth  as  it  is  done  in  heaven,  it  must  undoubtedly  be 
known  throughout  the  earth,  before  it  can  be  done  through 
out  the  earth  ;  and  consequently,  He  who  has  decreed  that 
it  shall  be  so  done,  will  provide  that  it  shall  be  so  known. 

Our  Redeemer  having  directed  that  the  gospel  should  be 
preached  throughout  Jhe  world,  it  was  preached  accord 
ingly  ;  and  being  witnessed  from  on  high,  "  with  signs  and 
wonders,  and  with  divers  miracles  and  gifts  of  the  Holy 
Ghost,"  it  became  preponderant,  and  triumphant,  and  efful 
gent.  But  this  state  of  exaltation,  for  reasons  unknown  to 
us,  was  suffered  to  undergo  a  temporary  depression.  A 
subsequent  period  arrived,  when  the  pure  doctrines  of  the 
gospel  were  so  alloyed  by  admixtures,  and  obscured  by 
appendages,  that  its  lustre  gradually  diminished,  and  like 
the  fine  gold  mentioned  by  the  prophet,  it  became  dim. 

Since  the  Reformation,  artifice  and  error  have  been 
losing  their  influence  on  ignorance  and  credulity,  and  the 
gospel  has  been  resuming  its  purity.  We  now  see  Chris 
tians,  in  different  countries,  and  of  different  denominations, 
spontaneously  and  cordially  engaged  in  conveying  the 
Scriptures,  and  the  knowledge  of  salvation,  to  the  heathen 
inhabitants  of  distant  regions.  So  singular,  impressive, 
and  efficient  is  the  impulse  which  actuates  them,  that  with 
out  the  least  prospect  of  earthly  retribution,  they  cheerfully 
submit  to  such  pecuniary  contributions,  such  appropriations 
of  time  and  industry,  and,  in  many  instances,  to  such 
hazards  and  privations,  and  such  derelictions  of  personal 
comfort  and  convenience,  as  are  in  direct  opposition  to  the 
propensities  of  human  nature. 

Can  such  extraordinary  and  unexampled  undertakings 
possibly  belong  to  that  class  of  enterprises,  which  we  are 


504  LIFE    OF    JOHN    JAY. 

at  liberty  to  adopt  or  decline  as  we  please ;  enterprises 
which  no  duty  either  commands  or  forbids  ?  This  is  more 
than  a  mere  speculative  question ;  and  therefore  the  evi 
dence  respecting  the  character  and  origin  of  these  under 
takings  cannot  be  too  carefully  examined,  and  maturely 
weighed ;  especially  as  this  evidence  is  accumulating,  and 
thereby  acquiring  additional  claims  to  serious  attention. 

We  observe  a  strange  and  general  alteration  in  the  feel 
ings  of  Christians  towards  the  heathen ;  and  one  still  more 
strange  and  unprecedented  has  taken  place  in  their  feelings 
towards  the  Jews ;  feelings  very  different  from  those  which 
for  so  many  centuries  have  universally  prevailed.  Although, 
as  it  were,  sifted  over  all  nations,  yet,  unlike  the  drops  of 
rain  which  blend  with  the  waters  on  which  they  fall,  these 
scattered  exiles  have  constantly  remained  in  a  state  of  sepa 
ration  from  the  people  among  whom  they  were  dispersed ; 
obstinately  adhering  to  their  peculiarities,  and  refusing  to 
coalesce  with  them.  By  thus  fulfilling  the  prophecies,  every 
Jew  is  a  living  witness  to  their  truth. 

The  same  prophecies  declare,  that  a  time  will  come  when 
all  the  twelve  tribes  shall  be  restored  to  their  country,  and 
be  a  praise  in  the  earth :  but  the  precise  time  is  not  speci 
fied.  By  declaring  that  "  blindness  in  part  hath  happened 
unto  Israel,  until  the  fulness  of  the  Gentiles  be  come  in, 
and  that  Jerusalem  shall  be  trodden  down  of  the  Gentiles 
until  the  times  of  the  Gentiles  be  fulfilled,"  they  lead  us  to 
conclude,  that  their  blindness  will  not  be  sooner  removed, 
and  therefore  that  their  conversion  is  not  to  be  sooner  ex 
pected.  Individual  Jews  have,  from  time  to  time,  been 
relieved  from  their  blindness,  and  become  Christians  ;  and 
there  are  expressions  in  the  Scriptures,  which  favour  the 
prevailing  opinion,  that  the  conversion  of  a  large  portion, 
and  perhaps  of  the  whole  tribe  of  Judah,  may  precede  that 
of  the  other  tribes.  They  are  now  experiencing  less  op 
pression,  less  contempt,  and  more  compassion  than  formerly. 
Their  obduracy  is  softening,  and  their  prejudices  abating. 


APPENDIX.  505 

These  changes  have  the  appearance  of  incipient  prepara 
tives  for  their  conversion. 

Besides  these  recent  changes  in  favour  of  the  heathen 
and  the  Jews,  another  has  taken  place  in  the  disposition 
and  feelings  of  our  people  towards  the  many  savage  nations 
who  still  remain  within  our  limits.  The  policy  formerly 
observed  towards  them,  together  with  our  rapid  population, 
increased  their  necessities,  but  not  our  endeavours  to  alle 
viate  them.  This  indifference  has  latterly  been  yielding  to 
a  general  sympathy  for  their  wretchedness,  and  to  a  desire 
to  ameliorate  their  condition.  For  this  laudable  purpose, 
our  government  has  wisely  and  virtuously  adopted  mea 
sures  for  their  welfare  ;  and  benevolent  societies  and  pious 
individuals  are  using  means  to  introduce  among  them  the 
benefits  of  civilization  and  Christianity. 

Nor  are  these  the  only  events  and  changes  which  are 
facilitating  the  distribution,  and  extending  the  knowledge  of 
the  Scriptures.  For  a  long  course  of  years,  many  Euro 
pean  nations  were  induced  to  regard  toleration  as  per 
nicious,  and  to  believe  that  the  people  had  no  right  to  think 
and  judge  for  themselves  respecting  religious  tenets  and 
modes  of  worship.  Hence  it  was  deemed  advisable  to  pro 
hibit  their  reading  the  Bible,  and  to  grant  that  privilege 
only  to  persons  of  a  certain  description.  Intolerance  is 
passing  away,  and  in  France,  where  it  formerly  prevailed, 
Bible  Societies  have  been  established  by  permission  of 
the  government,  and  are  proceeding  prosperously,- under 
the  auspices  of  men  high  in  rank,  in  character,  and  in 
station. 

From  the  nature,  the  tendency,  and  the  results  of  these 
recent  and  singular  changes,  events,  and  institutions ;  from 
their  coincidence,  and  admirable  adjustment,  as  means  for 
making  known  the  Holy  Scriptures,  and  inculcating  the 
will  of  their  Divine  and  merciful  Author,  throughout  the 
world  ;  and  from  the  devotedness  with  which  they  are  car 
rying  into  operation,  there  is  reason  to  conclude  that  they 

VOL.  I. T  T  T 


506  LIFE    OF   JOHN   JAY. 

have  been  produced  by  Him  in  whose  hands  are  the  hearts 
of  all  men. 

If  so,  we  are  engaged  in  His  service  ;  and  that  consider 
ation  forbids  us  to  permit  our  ardour  or  exertions  to  be 
relaxed  or  discouraged  by  attempts  to  depreciate  our  mo 
tives,  to  impede  or  discredit  our  proceedings,  or  to  diminish 
our  temporal  resources.  The  Scriptures  represent  Chris 
tians  as  being  engaged  in  a  spiritual  warfare,  and,  therefore, 
both  in  their  associated  and  individual  capacities,  they  are 
to  expect  and  prepare  fur  oppusition.  On  the  various 
inducements  which  prompt  this  opposition,  much  might  be 
said ;  though  very  little,  if  any  thing,  that  would  be  new. 
The  present  occasion  admits  only  of  general  and  brief 
remarks,  and  not  of  particular  and  protracted  disquisitions. 

Whatever  may  be  the  characters,  the  prejudices,  the 
views,  or  the  arts  of  our  opponents,  we  have  only  to  be 
faithful  to  our  Great  Leader.  They  who  march  under  the 
banners  of  EMMANUEL  have  God  with  them ;  and  conse 
quently  have  nothing  to  fear. 


At  the  Annual  Meeting,  May  13th,  1824. 
GENTLEMEN, 

We  have  the  satisfaction  of  again  observing,  that  by  the 
blessing  of  Providence  on  the  zeal  of  our  fellow-citizens, 
and  on  the  fidelity,  diligence,  and  prudence  with  which  our 
affairs  are  conducted,  they  continue  in  a  state  of  progressive 
improvement.  The  pleasure  we  derive  from  it  is  not  a 
little  increased  by  the  consideration,  that  vve  are  transmit 
ting  essential  benefits  to  multitudes  in  various  regions,  and 
that  the  value  and  important  consequences  of  these  benefits 
extend  and  will  endure  beyond  the  limits  of  time.  By  so 
doing,  we  render  obedience  to  the  commandment  by  which 
He  who  "  made  of  one  blood  all  nations  of  men,"  and  estab 
lished  a  fraternal  relation  between  the  individuals  of  the 
human  race,  hath  made  it  their  duty  to  love  and  be  kind  to 
one  another. 


APPENDIX.  507 

We  know  that  a  great  proportion  of  mankind  are  igno 
rant  of  the  revealed  will  of  God,  and  that  they  have  strong 
claims  to  the  sympathy  and  compassion  which  we,  who  are 
favoured  with  it,  feel  and  are  manifesting  for  them.  To  the 
most  sagacious  among  the  heathen  it  must  appear  wonder 
ful  and  inexplicable  that  such  a  vicious,  suffering  being  as 
man  should  have  proceeded  in  such  a  condition  from  the 
hands  of  his  Creator.  Having  obscure  and  confused  ideas 
of  a  future  state,  and  unable  to  ascertain  how  far  justice 
may  yield  to  mercy  or  mercy  to  justice,  they  live  and  die 
(as  our  heathen  ancestors  did)  involved  in  darkness  and 
perplexities. 

By  conveying  the  Bible  to  people  thus  circumstanced  we 
certainly  do  them  a  most  interesting  act  of  kindness.  We 
thereby  enable  them  to  learn,  that  man  was  originally  cre 
ated  and  placed  in  a  state  of  happiness,  but,  becoming  diso 
bedient,  was  subjected  to  the  degradation  and  evils  which 
he  and  his  posterity  have  since  experienced.  The  Bible 
will  also  inform  them,  that  our  gracious  Creator  has  pro 
vided  for  us  a  Redeemer,  in  whom  all  the  nations  of  the 
earth  should  be  blessed — that  this  Redeemer  has  made 
atonement  "  for  the  sins  of  the  whole  world,"  and  thereby 
reconciling  the  Divine  justice  with  the  Divine  mercy,  has 
opened  a  way  for  our  redemption  and  salvation  ;  and  that 
these  inestimable  benefits  are  of  the  free  gift  and  grace  of 
God,  not  of  our  deserving,  nor  in  our  power  to  deserve. 
The  Bible  will  also  animate  them  with  many  explicit  and 
consoling  assurances  of  the  divine  mercy  to  our  fallen  race, 
and  with  repeated  invitations  to  accept  the  offers  of  pardon 
and  reconciliation.  The  truth  of  these  facts  and  the  sin 
cerity  of  these  assurances  being  unquestionable,  they  can 
not  fail  to  promote  the  happiness  of  those  by  whom  they 
are  gratefully  received,  and  of  those  by  whom  they  are 
benevolently  communicated. 

We  have  also  the  satisfaction  of  observing  'that  the  con 
dition  of  the  church  continues  to  improve.  When  at  cer 
tain  periods  subsequent  to  the  Reformation  discordant 


508  LIFE    OF  JOHN    JAY. 

opinions  on  ecclesiastical  subjects  began  to  prevail,  they 
produced  disputes  and  asperities  which  prompted  those  who 
embraced  the  same  peculiar  opinions  to  form  themselves 
into  distinct  associations  or  sects.  Those  sects  not  only 
permitted  Christian  fraternity  with  each  other  to  be  im 
paired  by  coldness,  reserve,  and  distrust,  but  also,  on  the 
occurrence  of  certain  occasions,  proceeded  to  alternate  and 
culpable  acts  of  oppression.  Even  their  endeavours  to 
increase  the  number  of  Christians  were  often  too  intimately 
connected  with  a  desire  to  increase  the  number  of  their 
adherents;  and  hence  they  became  more  solicitous  to 
repress  competition  than  to  encourage  reciprocal  respect 
and  good-will. 

These  prejudices,  however,  have  gradually  been  giving 
way  to  more  laudable  feelings.  By  the  progress  of  civili 
zation  and  useful  knowledge  many  individuals  became 
better  qualified  to  distinguish  truth  from  error,  and  the  dif 
fusion  of  their  reasonings  among  the  people  enabled  them 
to  judge  and  to  act  with  less  risk  of  committing  mistakes. 
Since  the  rights  of  man  and  the  just  limits  of  authority  in 
church  and  state  have  been  more  generally  and  clearly 
understood,  the  church  has  been  less  disturbed  by  that  zeal 
which  "  is  not  according  to  knowledge  ;"  and  liberal  senti 
ments  and  tolerant  principles  are  constantly  enlarging  the 
sphere  of  their  influence. 

To  the  advantages  which  the  church  has  derived  from 
the  improved  state  of  society,  may  be  added  those  which 
are  resulting  from  the  institution  of  Bible  Societies.  With 
whatever  degree  of  tenacity  any  of  the  sects  may  adhere 
to  their  respective  peculiarities,  they  all  concur  in  opinion 
respecting  the  Bible,  and  the  propriety  of  extensively  dis 
tributing  it  without  note  or  comment.  They  therefore 
readily  become  members  of  Bible  societies,  and  in  that  capa 
city  freely  co-operate.  Their  frequent  meetings  and  con 
sultations  produce  an  intercourse  which  affords  them  nu 
merous  opportunities  of  forming  just  estimates  of  one 
another,  and  of  perceiving  that  prepossessions  are  not 


APPENDIX.  509 

always  well  founded.  This  intercourse  is  rendered  the 
more  efficient  by  the  great  and  increasing  number  of  cler 
ical  members  from  dissimilar  denominations.  Convinced 
by  observation  and  experience  that  persons  of  great  worth 
and  piety  are  attached  to  sects  different  from  their  own,  the 
duties  of  their  vocation,  and  their  respectable  characters, 
naturally  incline  them  to  recommend  and  encourage  Chris 
tian  friendliness. 

It  is  well  known,  that  both  cathedrals  and  meeting-houses 
have  heretofore  exhibited  individuals  who  have  been  uni 
versally  and  justly  celebrated  as  real  and  useful  Christians ; 
and  it  is  also  well  known,  that  at  present  not  a  few,  under 
similar  circumstances  and  of  similar  characters,  deserve  the 
like  esteem  and  commendation.  As  real  Christians  are 
made  so  by  Him  without  whom  we  "  can  do  nothing,"  it  is 
equally  certain  that  He  receives  them  into  His  family,  and 
that  in  His  family  mutual  love  and  uninterrupted  concord 
never  cease  to  prevail.  There  is  no  reason  to  believe  or 
suppose  that  this  family  will  be  divided  into  separate  classes, 
and  that  separate  apartments  in  the  mansions  of  bliss  will 
be  allotted  to  them  according  to  the  different  sects  from 
which  they  had  proceeded. 

These  truths  and  considerations  direct  our  attention  to 
the  new  commandment  of  our  Saviour,  that  his  disciples 
"  do  love  one  another :"  although  an  anterior  commandment 
required,  that,  "  as  we  had  opportunity,"  we  should  "  do 
good  unto  all  men ;"  yet  this  new  one  makes  it  our  duty  to 
do  so  "  especially  to  the  household  of  faith."  In  the  early 
ages  of  the  church,  Christians  were  highly  distinguished  by 
their  obedience  to  it ;  and  it  is  to  be  regretted  that  the  con 
duct  of  too  many  of  their  successors  has,  in  this  respect, 
been  less  worthy  of  imitation. 

Our  days  are  becoming  more  and  more  favoured  and 
distinguished  by  new  and  unexpected  accessions  of  strength 
to  the  cause  of  Christianity,  A  zeal  unknown  to  many  pre 
ceding  ages  has  recently  pervaded  almost  every  Christian 
country,  and  occasioned  the  establishment  of  institutions 


510  LIFE    OF   JOHN    JAY. 

well  calculated  to  diffuse  the  knowledge  and  impress  the 
precepts  of  the  gospel  both  at  home  and  abroad.  The 
number  and  diversity  of  these  institutions,  their  concurrent 
tendency  to  promote  these  purposes,  and  the  multitudes 
who  are  cordially  giving  them  aid  and  support,  are  so  extra 
ordinary,  and  so  little  analogous  to  the  dictates  of  human 
propensities  and  passions,  that  no  adequate  cause  can  be 
assigned  for  them  but  the  goodness,  wisdom,  and  will  of 
HIM  who  made  and  governs  the  world. 

We  have  reason  to  rejoice  that  such  institutions  have 
been  so  greatly  multiplied  and  cherished  in  the  United 
States ;  especially  as  a  kind  Providence  has  blessed  us,  not 
only  with  peace  and  plenty,  but  also  with  the  full  and  secure 
enjoyment  of  our  civil  and  religious  rights  and  privileges. 
Let  us,  therefore^  persevere  in  our  endeavours  to  promote 
the  operation  of  these  institutions,  and  to  accelerate  the 
attainment  of  their  objects.  Their  unexampled  rise,  pro 
gress,  and  success  in  giving  light  to  the  heathen,  and  in  ren 
dering  Christians  more  and  more  "  obedient  to  the  faith," 
apprize  us  that  the  great  Captain  of  our  salvation  is  going 
forth,  "  conquering  and  to  conquer,"  and  is  directing  and 
employing  these  means  and  measures  for  that  important  pur 
pose.  They,  therefore,  who  enlist  in  His  service,  have  the 
highest  encouragement  to  fulfil  the  duties  assigned  to  their 
respective  stations ;  for  most  certain  it  is,  that  those  of  His 
followers  who  steadfastly  and  vigorously  contribute  to  the 
furtherance  and  completion  of  His  conquests,  will  also  par 
ticipate  in  the  transcendent  glories  and  blessings  of  His 

TRIUMPH. 


At  the  Annual  Meeting,  May  12,  1825. 

GENTLEMEN, 

You  have  the  satisfaction  of  perceiving,  from  the  report 
of  the  board  of  managers,  that  the  prosperous  and  promis 
ing  state  of  our  affairs  continues  to  evince  the  laudable 


APPENDIX.  511 

and  beneficial  manner  in  which  they  have  been  constantly 
conducted. 

We  have  to  regret  that  the  pleasing  reflections  and  antici 
pations  suggested  by  these  auspicious  circumstances,  are 
mingled  with  the  sorrow  which  the  recent  death  of  our  late 
worthy  and  beloved  Vice-president  has  caused,  and  widely 
diffused.  Our  feelings  are  the  more  affected  by  it,  as  the 
benefits  we  have  derived  from  his  meritorious  and  inces 
sant  attention  to  all  our  concerns  have  constantly  excited 
both  our  admiration  and  our  gratitude. 

As  the  course  of  his  life  was  uniformly  under  the  direc 
tion  of  true  religion  and  genuine  philanthropy,  it  forbids  us 
to  doubt  of  his  being  in  a  state  of  bliss,  and  associated  with 
"  the  spirits  of  just  men  made  perfect."  Notwithstanding 
this  consoling  consideration,  his  departure  will  not  cease  to 
be  lamented  by  this  society,  nor  by  those  of  his  other  fellow- 
citizens  on  whom  his  patriotic  services,  his  exemplary  con 
duct,  and  his  disinterested  benevolence,  have  made  cor 
respondent  impressions. 

But  the  loss  we  have  sustained  by  this  afflicting  event 
should  not  divert  our  thoughts  from  subjects  which  bear  a 
relation  to  the  design  of  our  institution,  and  consequently 
to  the  purpose  for  which  we  annually  assemble. 

It  may  not  therefore  be  unseasonable  to  remark,  that  the 
great  objects  of  the  Bible,  and  the  distribution  of  it,  without 
note  or  comment,  suggest  sundry  considerations  which  have 
claims  to  attention. 

Christians  know  that  man  is  destined  for  two  worlds — 
the  one  of  transient,  and  the  other  of  perpetual  duration ; 
and  that  his  welfare  in  both  depends  on  his  acceptance  and 
use  of  the  means  for  obtaining  it,  which  his  merciful  Creator 
has  for  that  purpose  appointed  and  ordained.  Of  these 
inestimable  and  unmerited  blessings  the  greater  proportion 
of  the  human  race  are  yet  to  be  informed  ;  and,  to  that  end, 
we  are  communicating  the  same  to  them  exactly  in  that 
state  in  which,  by  the  direction  and  inspiration  of  their 
Divine  Author,  they  were  specified  and  recorded  in  the 


512  LIFE    OP   JOHtt  JAY. 

Bible,  which  we  are  distributing  without  note  or  com 
ment. 

As  these  gracious  dispensations  provide  for  our  consola 
tion  under  the  troubles  incident  to  a  state  of  probation  in 
this  life,  and  for  our  perfect  and  endless  felicity  in  the  next, 
no  communications  can  be  of  higher  or  more  general  interest. 
Wherever  these  dispensations  become  known  and  ob 
served,  they  not  only  prepare  men  for  a  better  world,  but 
also  diminish  the  number  and  pressure  of  those  sufferings 
which  the  corrupt  propensities  and  vicious  passions  of  men 
prompt  them  to  inflict  on  each  other ;  and  which  sufferings 
are  of  greater  frequency  and  amount  than  those  which 
result  from  other  caus'es. 

Time  and  experience  will  decide  whether  the  distribu 
tion  of  the  Bible,  without  note  or  comment,  will  have  any, 
and  what  effect,  on  the  progress  of  the  gospel.  Hitherto 
nothing  unfavourable  to  this  course  of  proceeding  has 
occurred ;  and  the  expedience  of  it  continues  to  derive  a 
strong  argument  from  its  tendency  to  decrease  the  incon 
veniences  which  usually  attend  the  circulation  of  discordant 
comments.  Whenever  any  questionable  opinions  relative 
to  any  Scripture  doctrine  meet  with  zealous  advocates,  and 
with  zealous  opponents,  they  seldom  fail  to  excite  the  pas 
sions  as  well  as  the  mental  exertions  of  the  disputants. 
Controversies  like  these  are  not  always  conducted  with 
moderation  and  delicacy,  nor  have  they  been  uniformly  con 
sistent  with  candour  and  charity.  On  the  contrary,  the 
ardour  with  which  the  parties  contend  for  victory  frequently 
generates  prejudices  ;  and  insensibly  renders  them  more 
anxious  to  reconcile  the  Scriptures  to  their  reasonings,  than 
their  reasonings  to  the  Scriptures.  The  doubts  and  per 
plexities  thereby  disseminated  are  not  favourable  to  those 
whose  faith  is  not  yet  steadfast,  nor  to  those  who  from  tem 
perament  or  imbecility  are  liable  to  such  impressions. 

These  remarks,  however,  are  far  from  being  applicable 
to  those  excellent  and  instructive  comments  which  have 
been  written  by  authors  of  eminent  talent,  piety,  and  pru- 


APPENDIX.  513 

dence  ;  and  which  have  been  received  with  general  and 
well-merited  approbation. 

It  is  to  be  regretted  that  comments  of  a  very  different 
character  and  description  have  caused  errors  to  germinate 
and  take  root  in  Christian  countries.  Some  of  these  were  fab 
ricated  by  individuals,  who,  finding  that  they  could  not  carry 
their  favourite  propensities  and  habits  with  them  through  the 
"  narrow  way"  prescribed  by  the  gospel,  endeavoured  to 
discredit  Christianity  by  objections  which  exhibit  stronger 
marks  of  disingenuous,  than  of  correct  and  candid  reason 
ing.  By  artfully  and  diligently  encouraging  defection  from 
Scripture,  and  from  Scripture  doctrines,  they  gradually 
introduced  and  spread  that  contempt  for  both,  which  in  the 
last  century  was  publicly  displayed  in  impious  acts  of  pro- 
faneness,  and  in  dreadful  deeds  of  ferocity.  These  atrocities 
repressed  the  career  of  infidelity,  and  infidels  thereupon 
became  less  assuming,  but  not  less  adverse. 

Even  among  professing  Christians,  and  of  distinct  denom 
inations,  there  are  not  a  few  of  distinguished  attainments 
and  stations  who  have  sedulously  endeavoured  so  to  inter 
pret  and  paraphrase  certain  passages  in  the  Bible,  as  to  ren 
der  them  congruous  with  peculiar  opinions,  and  auxiliary  to 
particular  purposes. 

Certain  other  commentators,  doubtless  from  a  sincere  de 
sire  to  increase  Christian  knowledge  by  luminous  expo 
sitions  of  abstruse  subjects,  have  attempted  to  penetrate  into 
the  recesses  of  profound  mysteries,  and  to  dispel  their  ob 
scurity  by  the  light  of  reason.  It  seems  they  did  not  recol 
lect  that  no  man  can  explain  what  no  man  can  understand. 
Those  mysteries  were  revealed  to  our  faith,  to  be  believed 
on  the  credit  of  Divine  testimony  ;  and  were  not  addressed 
to  our  mental  abilities  for  explication.  Numerous  objects 
which  include  mysteries  daily  occur  to  our  senses.  We 
are  convinced  of  their  existence  and  reality,  but  of  the 
means  and  processes  by  which  they  become  what  they  are, 
and  operate  as  they  do,  we  all  continue  ignorant.  Hence 

VOL.  I. U  U  U 


514  LIFE    OF    JOHN    JAY. 

it  may  rationally  be  concluded,  that  the  mysteries  of  the 
spiritual  world  are  still  farther  remote  from  the  limited 
sphere  of  human  perspicacity. 

Among  the  biblical  critics,  there  are  some  who  have 
incautiously  intermingled  their  learned  and  judicious  inves 
tigations  with  enigmatical  subtleties  and  hypothetical  specu 
lations,  which  tend  more  to  engender  doubts  and  disputes 
than  to  produce  real  edification. 

Additional  animadversions  on  this  subject  would  be 
superfluous :  nor  can  it  be  necessary  to  examine,  whether 
an  indiscriminate  circulation  of  comments  would  merit  or 
meet  with  general  approbation.  They  who  think  it  ad 
visable  that  comments  should  accompany  the  Bible,  doubt 
less  prefer  and  intend  what  in  their  opinion  would  be  a 
judicious,  limited,  and  exclusive  selection  of  them.  It  is 
well  known  that,  composed  as  this  and  other  Bible  societies 
are,  such  a  selection  could  not  be  formed  by  them  with 
requisite  unanimity.  They  therefore  wisely  declined  dis 
turbing  their  union  by  attempting  it,  and  very  prudently 
concluded  to  distribute  the  Bible  without  any  other  com 
ments  than  those  which  result  from  the  illustrations  which 
different  parts  of  it  afford  to  each  other.  Of  this  no  indi 
viduals  have  reason  to  complain,  especially  as  they  are  per 
fectly  at  liberty  to  circulate  their  favourite  authors  as  copi 
ously  and  extensively  as  they  desire  or  think  proper. 

Our  Redeemer  commanded  his  apostles  to  preach  the 
gospel  to  every  creature  :  to  that  end  it  was  necessary 
that  they  should  be  enabled  to  understand  and  to  preach  it 
correctly,  and  to  demonstrate  its  Divine  origin  and  institu 
tion  by  incontestible  proofs.  The  Old  Testament,  which 
contained  the  promises  and  prophecies  respecting  the  Mes 
siah,  was  finished  at  a  period  antecedent  to  the  coming  of 
our  Saviour,  and  therefore  afforded  no  information  nor 
proof  of  his  advent  and  subsequent  proceedings.  To  qualify 
the  apostles  for  their  important  task,  they  were  blessed  with 
the  direction  and  guidance  of  the  Holy  Spirit,  and  by  him 
were  enabled  to  preach  the  gospel  with  concordant  accu- 


APPENDIX.  515 

racy,  and  in  divers  languages :  they  were  also  endued  with 
power  to  prove  the  truth  of  their  doctrine,  and  of  their 
authority  to  preach  it,  by  wonderful  and  supernatural  signs 
and  miracles. 

A  merciful  Providence  also  provided  that  some  of  these 
inspired  men  should  commit  to  writing  such  accounts  of  the 
gospel,  and  of  their  acts  and  proceedings  in  preaching  it,  as 
would  constitute  and  establish  a  standard  whereby  future 
preachers  and  generations  might  ascertain  what  they  ought 
to  believe  and  to  do  ;  and  be  thereby  secured  against  the 
danger  of  being  misled  by  the  mistakes  and  corruptions  inci 
dent  to  tradition.  The  Bible  contains  these  writings,  and 
exhibits  such  a  connected  series  of  the  Divine  revelations 
and  dispensations  respecting  the  present  and  future  state  of 
mankind,  and  so  amply  attested  by  internal  and  external 
evidence,  that  we  have  no  reason  to  desire  or  expect  that 
further  miracles  will  be  wrought  to  confirm  the  belief  and 
confidence  which  they  invite  and  require. 

On  viewing  the  Bible  in  this  light,  it  appears  that  an  ex 
tensive  and  increasing  distribution  of  it  has  a  direct  ten 
dency  to  facilitate  the  progress  of  the  gospel  throughout  the 
world.  That  it  will  proceed,  and  in  due  time  be  accom 
plished,  there  can  be  no  doubt ;  let  us  therefore  continue  to 
promote  it  with  unabated  zeal,  and  in  full  assurance  that  the 
omnipotent  Author  and  Protector  of  the  gospel  will  not 
suffer  his  gracious  purposes  to  be  frustrated  by  the  arts  and 
devices,  either  of  malignant  "  principalities  and  powers,"  or 
of  "  spiritual  wickedness  in  high  places." 


[No.  V.] 
A  PRAYER.* 

Most  merciful  Father !  who  desirest  not  the  death  of  a 
sinner,  but  will  have  all  men  to  be  saved  and  to  come  to 

*  This  prayer  was  found  in  Mr.  Jay's  handwriting,  among  his  papers. 


\ 


. 

516  LIFE    OF   JOHN    JAY. 

the  knowledge  of  the  truth,  give  me  grace  so  to  draw  nigh 
unto  thee  as  that  thou  wilt  condescend  to  draw  nigh  unto 
me  ;  and  enable  me  to  offer  unto  thee,  through  thy  beloved 
Son,  supplications  and  thanksgivings  acceptably. 

I  thank  thee  for  my  creation,  and  for  causing  me  to  be 
born  in  a  time  and  land  blessed  with  the  light  of  thy  holy 
gospel,  I  thank  thee  for  the  excellent  parents  thou  didst 
give  me,  and  for  prolonging  their  lives  and  affections  for 
me  to  a  good  old  age.  I  thank  thee  for  the  education, 
good  examples,  and  counsels  wherewith  thou  hast  favoured 
me  ;  and  for  the  competent  provision  thou  hast  always 
made  for  me  as  to  the  things  of  this  world.  I  thank  thee 
for  preserving  me  through  the  dangers,  troubles,  and  sick 
nesses  I  have  experienced  —  for  thy  long-continued  patience 
with  me,  and  for  the  manifold  blessings,  spiritual  and  tem 
poral,  which  thou  hast  vouchsafed  unto  me.  I  thank  thee 
for  my  children  —  for  thy  kind  providence  over  them  —  for 
their  doing  and  promising  to  do  well  —  and  for  the  comforts 
which  through  them  I  receive  from  thy  goodness. 

Above  all,  I  thank  thee  for  thy  mercy  to  our  fallen  race, 
as  declared  in  thy  holy  gospel  by  thy  beloved  Son,  "  who 
gave  himself  a  ransom  for  all."  I  thank  thee  for  the  gift  of 
thy  Holy  Spirit,  and  for  thy  goodness  in  encouraging  us  all 
to  ask  it.  I  thank  thee  for  the  hope  of  remission  of  sins,  of 
regeneration,  and  of  life  and  happiness  everlasting,  through 
the  merits  and  intercession  of  our  Saviour.  I  thank  thee 
for  having  admitted  me  into  the  covenant  of  this  grace  and 
mercy  by  baptism  ;  for  reminding  me  of  its  duties  and  privi 
leges,  and  for  the  influences  of  thy  Holy  Spirit  with  which 
thou  hast  favoured  me. 

Enable  me,  merciful  Father  !  to  understand  thy  holy  gos 
pel  aright,  and  to  distinguish  the  doctrines  thereof  from 
erroneous  expositions  of  them  ;  and  bless  me  with  that  fear 
of  offending  thee,  which  is  the  beginning  of  wisdom.  Let 
thy  Holy  Spirit  purify  and  unite  me  to  my  Saviour  for  ever, 
and  enable  me  to  cleave  unto  him  as  unto  my  very  life,  as 
indeed  he  is.  Perfect  and  confirm  my  faith,  my  trust,  and 


APPFNDIX.  517 

hope  of  salvation  in  him  and  in  him  only.  Wean  me  from 
undue  and  unseasonable  attachments  and  attentions  to  the 
things  of  this  transitory  world,  and  raise  my  thoughts, 
desires,  and  affections  continually  unto  thee,  and  to  the 
blessings  of  the  better  and  eternal  world  which  is  to  suc 
ceed  this. 

Protect  me  from  becoming  a  prey  to  temptations  to  evil, 
cause  the  new  and  spiritual  life  which  of  thy  goodness  thou 
hast  begun  in  me,  to  increase  daily  in  growth  and  strength, 
by  that  spiritual  bread  which  cometh  down  from  heaven, 
even  thy  holy  and  beloved  Son,  who  of  thee  is  made  unto 
us  wisdom,  and  righteousness,  and  sanctification,  and  re 
demption  :  by  whose  precious  blood  atonement  hath  been 
made  for  the  sins  of  the  world,  and  especially  of  penitent 
believers.  Establish  my  faith  in  that  great  atonement,  and 
my  gratitude  for  it.  And  I  thank  thee  for  giving  me  grace 
and  opportunities  to  partake  in  thy  holy  communion,  insti 
tuted  in  remembrance  of  our  Saviour,  and  of  that  great 
atonement.  Prepare  me  to  partake  thereof  again,  more 
worthily  and  more  to  the  edification  of  my  soul. 

Be  pleased  to  impress  my  heart  and  mind  with  a  deep 
and  permanent  sense  and  recollection  of  the  manifold  and 
unmerited  blessings  and  mercies,  spiritual  and  temporal, 
which  throughout  my  life  thou  hast  conferred  upon  me. 
Give  me  grace  to  love  and  obey  and  be  thankful  unto  thee, 
with  all  my  heart,  with  all  my  soul,  with  all  my  mind,  and 
with  all  my  strength ;  and  to  worship  and  to  serve  thee  in 
humility,  in  spirit,  and  in  truth.  Give  me  grace  also  to  love 
my  neighbour  as  myself,  and  wisely  and  diligently  to  do 
the  duties  incumbent  upon  me  according  to  thy  holy  will, 
and  because  it  is  thy  holy  will,  and  not  from  worldly  con 
siderations. 

Be  pleased  also  to  impress  my  heart  and  mind  with  a 
deep  and  unceasing  sense  and  recollection  of  the  evil  of  sin, 
and  of  my  disobedience  and  ingratitude  to  thee,  my  gracious 
and  merciful  Father,  my  constant  and  bountiful  benefactor. 
Give  me  grace,  I  humbly  and  earnestly  beseech  thee,  to 


518  LIFE    OF    JOHN    JAY. 

repent  of  my  sins  with  such  repentance  as  thy  gospel  re 
quires  ;  and  to  loathe,  and  forsake,  and  detest  all  sin  for  ever. 
For  the  sake  of  our  merciful  and  compassionate  High-priest 
and  Intercessor,  who  directed  repentance  and  remission  of 
sins  to  be  preached  to  all  sinners,  be  pleased  to  bless  me 
with  the  remission  of  my  sins,  and  to  let  the  light  and  the 
consolations  of  thy  pardoning  and  reconciled  countenance, 
be  and  remain  upon  me.  Let  thy  Holy  Spirit  lead  and 
keep  me  in  the  way  in  which  I  should  walk,  and  enable  me 
to  commit  myself  entirely  to  thy  kind  and  gracious  provi 
dence  and  protection  as  to  all  my  spiritual  and  temporal 
concerns ;  so  that  my  thoughts  and  desires,  my  hopes  and 
fears,  and  my  words  and  actions,  being  constantly  under 
thy  guidance,  may  be  conformable  to  thy  holy  will. 

Be  pleased  to  bless  me  and  my  family,  my  friends  and 
enemies,  and  all  for  whom  I  ought  to  pray,  in  the  manner 
and  measure  which  thou,  and  thou  only,  knowest  to  be  best 
for  us.  Create  in  us  all  clean,  and  contrite,  and  thankful 
hearts,  and  renew  within  us  a  right  spirit. 

I  thank  thee,  the  great  Sovereign  of  the  universe,  for  thy 
long-continued  goodness  to  these  countries,  notwithstanding 
our  ingratitude  and  disobedience  to  thee,  our  merciful  de 
liverer  and  benefactor.  Give  us  grace  to  turn  unto  thee 
with  true  repentance,  and  implore  thy  forgiveness.  And 
be  pleased  to  forgive  us ;  and  bless  us  with  such  portions 
of  prosperity  as  thou  seest  to  be  fit  for  us,  and  with  rulers 
who  fear  thee,  and  walk  in  the  paths  which  our  Saviour 
hath  set  before  us.  Be  pleased  to  bless  all  nations  with  the 
knowledge  of  thy  gospel, — and  may  thy  holy  will  be  done 
on  earth  as  it  is  done  in  heaven. 

Condescend,  merciful  Father  !  to  grant  as  far  as  proper 
these  imperfect  petitions,  to  accept  these  inadequate  thanks 
givings,  and  to  pardon  whatever  of  sin  hath  mingled  in 
them,  for  the  sake  of  Jesus  Christ,  our  blessed  Lord  and 
Saviour ;  unto  whom,  with  thee,  and  the  blessed  Spirit,  ever 
one  God,  be  rendered  all  honour  and  glory,  now  and  for 
ever. 


APPENDIX.  519 

My  gracious  Saviour  !  continue,  I  beseech  thee,  to  look 
down  with  compassion  and  mercy  upon  me,  and  to  inter 
cede  for  me. 

Be  pleased  to  deliver  me  entirely  from  the  bondage  of 
sin,  and  to  heal  the  maladies  of  my  soul.  Bless  it  with 
that  health,  and  rest,  and  peace  which  thou,  and  thou  only 
canst  give.  Bless  it  with  wisdom  and  righteousness,  with 
sanctification  and  redemption,  that  I  may  be  and  remain  a 
new  creature. 

Without  thee  we  can  do  nothing ;  condescend  to  abide 
in  me,  and  enable  me  to  abide  in  thee,  as  the  branch  in  the 
vine.  Let  thy  Holy  Spirit  purify,  and  cause  it  to  produce 
fruit  meet  for  repentance  and  amendment  of  life. 

Impress  my  heart  and  mind  with  a  constant  sense  and 
recollection  of  the  evil  of  sin,  and  of  the  degeneracy  and 
miseries  to  which  it  has  subjected  our  fallen  race.  Make 
and  keep  me  convinced  and  mindful  of  thine  infinite  and 
unmerited  goodness,  in  what  thou  hast  done  and  suffered, 
and  art  doing  to  save  us  from  our  sins,  and  from  the  pun 
ishment  and  perdition  they  deserve ;  and  even  to  fit  and 
prepare  us  for  everlasting  life  and  happiness. 

Give  me  grace  to  meditate  with  faith  and  gratitude  on 
thy  kind  redeeming  love  all  the  days  of  my  life.  When 
thou  shalt  call  me  hence,  be  with  me  in  the  hour  of  death, 
and  bless  me  with  a  full  assurance  of  faith  and  hope,  that  I 
may  "  fear  no  evil." 


[No.  VI.] 

EXTRACTS    FROM    THE    WILL    OF   JOHN    JAY. 

"  I,  John  Jay,  of  Bedford,  in  the  county  of  Westchester, 
and  State  of  New- York,  being  sensible  of  the  importance 
and  duty  of  so  ordering  my  affairs  as  to  be  prepared  for 
death,  do  make  and  declare  my  last  will  and  testament  in 
manner  and  form  following,  viz : — Unto  HIM  who  is  the 


520  LIFE    OP   JOHN   JAY. 

author  and  giver  of  all  good,  I  render  sincere  and  humble 
thanks  for  his  manifold  and  unmerited  blessings,  and  espe 
cially  for  our  redemption  and  salvation  by  his  beloved  Son. 
He  has  been  pleased  to  bless  me  with  excellent  parents, 
with  a  virtuous  wife,  and  with  worthy  children.  His  pro 
tection  has  accompanied  me  through  many  eventful  years, 
faithfully  employed  in  the  service  of  my  country ;  and  his 
providence  has  not  only  conducted  me  to  this  tranquil  situa 
tion,  but  also  given  me  abundant  reason  to  be  contented  and 
thankful.  Blessed  be  his  holy  name.  While  my  children 
lament  my  departure,  let  them  recollect  that  in  doing  them 
good,  I  was  only  the  agent  of  their  Heavenly  Father,  and 
that  he  never  withdraws  his  care  and  consolations  from 
those  who  diligently  seek  him. 

"  I  would  have  my  funeral  decent,  but  not  ostentatious. 
No  scarfs — no  rings.  Instead  thereof,  I  give  two  hundred 
dollars  to  any  one  poor  deserving  widow  or  orphan  of  this 

town,  whom  my  children  shall  select.    *          * 

******** 

"  I  appoint  all  my  children,  and  the  survivors  or  survivor 
of  them,  executors  of  this  my  last  will  and  testament.  I 
wish  that  the  disposition  which  I  have  therein  made  of  my 
property,  may  meet  with  their  approbation,  and  the  more 
so,  as  their  conduct  relative  to  it  has  always  been  perfectly 
proper,  reserved,  and  delicate.  I  cannot  conclude  this 
interesting  act,  without  expressing  the  satisfaction  I  have 
constantly  derived  from  their  virtuous  and  amiable  be 
haviour.  I  thank  them  for  having  largely  contributed  to 
my  happiness  by  their  affectionate  attachment  and  attention 
to  me,  and  to  each  other.  To  the  Almighty  and  Beneficent 
Father  of  us  all,  to  his  kind  providence,  guidance,  and 
blessing,  I  leave  and  commend  them." 


END    OF    VOL.    I. 


14  DAY  USE 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below, 
or  on  the  date  to  which  renewed.  Renewals  only: 

Tel.  No.  642-3405 

Renewals  may  be  made  4  days  priod  to  date  due. 
Renewed  books  are  subject  to  immediate  recall. 

REC'DLD   ADG  2  8  72 -6  PR  9 
APR  181974 

CIRC  DEFT      MAR  1 


HOY  88*®** 


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